davidaulloa/AmericanStories huggingface dataset:
The herald., 1894-09-26
ACROsS-CoMPLAINT SHELVED,

Judge Van Dyke Bustsins n Demurrer
In an Interesting Case.
Judge Van Dyke yesterday in de-
partment four of the superior court
sustained demurrer to the cross-com-
plant in the oaes of W. F. Whittier vs..
H. M. johnson.
He gave his reasons for 80 doing in
quite long opinion.
The action was brought to recover the
amount due on certain promissory notes
made by Mr.. Johnson. and for an order
and decree OF foreclosure and the sale Of
shares of stock in the Lake Helmet
Water company and the Hemet Land
company, belonging to the defendant
and pledged by him to the plaintiff to
secure the payment of the notes.
The defendant filed two cross-com-
plants. The second made E. L. May
berry party defendant and charged
that he and Whittier, the plaintiff, are
the owners of seven tenths of the stock
of the companies named, and have
been respectively president and man
ager of them; that the defendant owns
one-tenth of the stock.
This cross complaint then charged
that ever since the organization Of this
companies the plaintiff and May berry
have conspired to injurs the value oi
his stock with the purpose Of freezing
him out Of the interpretations. Various
charges Of miemanagemenG by the
plaintiff snd May berry of the sffaira o.
the two corporations are made, all O
which they did. it is alleged, to carry ou
their purpose to depreciate the value o
the stock.
The questions raised by the demurre
were, whether the defendant, a stock
holder in the corporations, can maintain
q cross action against the plaintiff ant
May Derry for damages for wrongful act
by them against the corporations. anc
whether.the injuries to the defendant
individually can be set up in this actor
either by counter-claim or cross com
plaint. The court after O discussion O
thesspoints says:
The cross complaint in this csse fail
to make the necessary allegations justi
iying a suit by stock holder under th
rule of law stated and the corporation
not made q party. But if an amended
complaint should be made to cure thes
deiects the cross complaint would b
stiii snbject to the objections stated /
the demurrer, for this reason that III
Judgment sought to be recovered by tn
defendant would not belong to the d.
fendent and could not bs recouped @
set off against the demands OF the plair
tiff" In other words the court hold
that the officers of corporation are n
: sponsibe to the corporation, and mot
} the stockholders.
The herald., 1894-09-26

THERE is nothing mean or stinted
about the new superintendent OF schools.
Prof. Search. In fact. he makes his ad-
vent like sort of Searoh-light, and
casts his beams over an extended prism.
He wantB an industrial high school at
an outlay of 100000. Then he figures
out that Los Angeles needs an addition
of eighty-six rooms to her school facili-
ties. AS to this last proposition there
may be some warrant. The school CEN
sus OF Los Angeles is increasing at such
a rate that we must positively expand
our echool accommodations. The pro-
lessor may be one OF those ssgacious
persona who make their demands large
so that they may be able to stand e
horizontal cut on the figures they ad.
vance.
The herald., 1894-09-26

THE duke ci San Carlos. one of the
court mobiles attached to the young king
OF Spain, was unfortunate in having
been born outsids of Kentucky. He
killed himself few days ago because
he could not attain moral protection
at least that was the apology for the
suicidal act. Now il the duke had only
been bluegrass colonel. he could have
secured the backing OF dozen dis
tilleries and run for congress like little
went to the wrong shop to be born.
The herald., 1894-09-26
SOCIETY.

A surprise party WAS given to George
Lightner at the residence OF his parents,
AL Carolina street, In celebration Of his
18th birthday, by his schoolmates and
friends. Refreshments were served and
q good time enjoyed by all. Those pres
ent were: Mabel Kesy, Flora Shehi,
George Keay, George Shehi, Sadie
shehi, Ethel Baldwin, Thaldi Shehi,
Hazel Baldwin, Lizzie Arenstein, Lemar
Moor, frankie Lightner, Isabell Moor,
John and Hugh Rice, Carrie Mcpherson,
Mrs. Coulter. Mrs. Rice. Willie McPher-
son, Mr.. and Mrs. Lightner. Albert Ba-
ceno, Robert Baceno, Harold Keay,
Julia keay.
The Sons of st. George gave recep-
ton at Caledonian hall last evening,
which was attended by the full mem
berahip of the order and several talented
friends.
Songs were sung by Messrs. Popel,
Hayes, Sharp and Horsield. Whis:
was the principal game, IL qusrtettes
taking part. Refreshments were served
on the sideboard, the losing side in the
last club election giving the supper. Al
midnight the brethren separated. hav.
ing greatly enjoyed one more of their
famous stag parties. Another sociahle
will be held the last Monday in Octo-
ber.
~.
The women OF Emmanuel Church Aid
society give an entertainment called
Yesterday and Today, at tha homo of Mrs
Salisbury, southwest corner Of Twenty
seventh and Hoover streete. on Thurs
day evening OF this week. It will con
sist of music. tho wheel OF Yesterda,
and Today and curiosities. The refresh
ments will be dainty.
x*x
Mr.. and Mrs. Fred A. Hines will b
at hon at the residence oi Mr.. and MRS
j. Frankenfeldt. 1907 High etreet
about ak weeks, having returned yes
! terday from San Francisco.
The herald., 1894-09-26

TIE world moves, and go does New
Jersey, which has always been consid-
cred O subject of reference to the COM
mittee on foreign relations. She has
just heard OF the passage of the new
tariff bill. and store In Dsckertown
adyertises muslins at cents which for
merly sold at 10 cents per yard. Not
only that. but calicoea have been re-
duced from and 6 cents to Sc cents,
percales from 12ls and l6 cents to lO
cents, eateens from Is cents to l2ia
cents, msckerel from Il cents to 9 cents
pound, -four from 81 40 to s4. 20 bar
rel, and fruit jars from 10 cents to 90
The herald., 1894-09-26
SUBSCRIPTION RATES.
ANNOUNCEMENTS.

The papers OF all delinquent mail subscribers
to the Daily Herald win be promptly discon-
tinued hereafter No papers viii be sent to
subscri bers by mail unless the same have been
paid for in advance
]. P. Fisher, newspaper advertising agent
n Merchants Exchange, San Francisco, is an
authorized agent This paper 10 kept on file in
his Office.
Sole Eastern Advertising Agent, 8. p Palmer,
Rhinelander Building, New York.
The Herald is sold at the Occidental Hotel
news stand, San Francisco. for sc q copy.
No contributions returned.
The herald., 1894-09-26

OF bust ness. The good people who are
now seeking to prove Jay Gould biga-
mist and themselves his only rightiul
heirs. have undertaken job in compar-
ison with which the lowering OF fire.
proof safe out OF third-story window
with a horse. hair. is a comparatively
easy task. They will have their labor
for their pains.
The herald., 1894-09-26

cents dozen. This is the very best
obiect-lesson to teach the people (even
in darkest New Jersey that the con-
sumer is the man who pays the tax,
after all and that a reduction of the
prices of the nscessaries of life means
an amelioration OF the condition OF the
wage-worker. Mr.. Mckinley will have
to squelch the Deokertown newspaper
before he can hope to be elected to the
presidancy
The herald., 1894-09-26
METHODIST CONFERENCE.

1t VIII Open This Evening at the First
Church.
The annual Methodist conference will
commence this evening at .the First
Methodist Episcopal church, on Broad
vay. The church extension and Freed
mans Aid societies. anniversaries will
he celebrated. Addresses will be made
by DR.. McLain of Simpson church and
Rev. J. @. Elliott OF Tulare.
The business session will commence
Thursday morning, with Bishop Fitz-
gerald presiding.
The herald., 1894-09-26
Marriage Licenses.

Marriage Licenses were issued yester.
day to the following persons:
Henry Lawrence Herkelrsth, aged 27,
a native of Minnesota and resident of
Temescal, Riverside county. and Alice
N. Wheaton, aged 26, native of Cana
da and resident Of San Jose, Cal.
Lawrence OFT, aged 25. a native OF
Connecticut, and Mary A. Brown. aged
81, native OF California, both residents
of Los Angeles.
The herald., 1894-09-26
Tha Modern hcnntr

Thrives on good food and sunshine. with
plenty OF exercise IN the ooen air. Her
form glows with health aud her face
blooms with ite beauty. II her system
needs the cleansing action OF a laxative
remedy, she uses the gentle and pleasant
liquid laxative, Syrup OF Figs.
The herald., 1894-09-26

Ed Patswell, who was arrested for
drunkenness and who had lottery
tickets in his poss ession, was given
trial in Judge Austin's court yes
tsrday and fined $50 or 80 days.
The herald., 1894-09-26

Judge A. Q. Baker ani George w.
Houdisy. two well known Arisona Ph@-
nicians. are in the city.
The herald., 1894-09-26

The Ideal Banjo club will tender Pro-
fessor Fsrland, the worlds greatest
banjo player, reception at Ebinger's,
at the close of the concert at Unity
church this evening. There has been
good eale of reserved seats for his banjo
recital at Unity church this evening.
The Portland daily press., 1894-06-29
MIsTooK THE CHANNEL.
And the Schooner Susan McNunn Brought
Up on Peaks Island.

q There is long point makes out from
Peaks Island, midway between Jones
and Trefethen's landings, that is care
fully avoided by pilots in the bay. The
point is marked only by small black
channel buoy which lays well over tow
ards Diamond Island, and it is seldom
that any vessel attempts to go inside of
that buoy. This morning early, the
sword fisherman Susan McNunn of Cape
Porpoise was standing down the harbor.
The captain evidently was unacquaint-
ed with the channel for he tried to hug
the Peaks Island shore and paid no at
tention to the black spar lying out an
eighth OF mile beyond him. With all
sail set the schooner went on the point
and but for the fact that the breeze was
light she would have knocked the bot
tom. out of her. She was hard and fast
and the tide was on the ebb The tide
went down, the schooner heeled over
high and dry. She struck partly on
rocks and partly on mud, and the dam
age done was slight although she will
need some repairs. At high tide tug
passed her a line and managed to pull
her off,
The Portland daily press., 1894-06-29
Fraternity Alumni.

Yesterday, ABOUT $50 of the present
and past members of the Fraternity,
celebrated their eighth annual reunion
at Long Island At o'clock the steam
er left the wharf with a large number of
the most enthusiastic members and the
10 and 2 o'clock boats added to the num-
ger. On the arrival of the o'clock boat,
the large gathering sat down to delic-
ious shore dinner, served in a most &C.
cepta BILE manner by Gushing. After din
ner, Mr.. Murphy raped to order, and
read letter of regret from Mr.. Mitchell
who was unavoidably absent. He made
brief address, referring to the work
done by the alumni in the past two
years. Mr.. Murphy then INTRODUCED Mr..
Mcguire, who first introduced Mr.. Jor-
dan to respond for the Portland Frater-
nifty. Mr.. Jordan, who is practically the
father of the institution, was greeted
with hearty applause.
Prizes were given in a number of
events during the afternoon, il which
the ladies took part. The ball game re-
suited in favor of the Murphy Balsams
by score of to s. A dance was en-
joyed in the evening.
The Portland daily press., 1894-06-29
CITY GOVERN MENT.
Special Meeting of the Board of Mayor
and Aldermen.

A special meeting was held yesterday af-
ternoon, Chairman Randall presiding.
Absent: Aldermen MCGOWAN, Little and
Smith. iThis business was transacted:
BUILDING PERMITS.
These petitions were presented and re-
felr red:
CT Henry W. Maloy to erect a story and
half stable at No. Oxford street.
Of Portland Railroad company to erect a
two story addition to private stable at
st. John street, No. 1872.
Of T. o. Turner to erect kitchen at No.
103 India street.
OF &. E. Holt to erect two dwellings at
Nos. ID, Is and II Walker street.
Of E. f. Holt to erect stables for the
above houses No. 10, Is and II Walker
street.
PETITIONS AND ORDERS.
Petition of Mrs. o. B. Waterhouse to re-
move tree from in front of No. 9S Park
street. Referred.
The city clerk was authorized to issue
the usual licenses to sell crackers and
other fireworks for Fourth of July, the Ii
cense not to extend beyond that day.
Passed.
Petition of Lewis & Hodgdon was received
for permission to keep fish market at No.
43 Oxford street. Referred to the Board
of Health.
Petition for sewer on Walker street
from DR.. John Bowers. Referred.
LlCEsEs REFERRED.
c. H. Stowell, Peaks Island; 7. j. Goann-
van, SO Middle street; Mrs. Laura Casken,
The Portland daily press., 1894-06-29
THE DRUGGISTS.
Visit Portland For Smell of Salt and a
Good Time.

g The Maine Pharmaceutical Association
is holding it's annual meeting in Port
land. The association comes to this city
because it has learned where it always
has good time. The Portland mem
bers are renowned for their hospitality,
and, judging from the reception yeste
day, that reputat ton will be fully sus-
tanned on this occasion,
The members began to gather at noon
yesterday and the late afternoon trains
added to the party. The reception
committee is composed of D. W. Hesel-
tine, chairman; j. H Dow and Bion R.
Lane of Portland; George W. Dorr of
Waterville, f. H. Wilson of Brunswick,
L. P. Evans of Dover, George A. Archer
of Ellsworth, and H. j. Hathaway of
Houlton, who escorted the guests to
their headquarters at the Falmouth Ho-
tel. After dinner, buck boards and
carriages were in readiness, and drives
were taken to all the salient points in
the vicinity, and the party shifted in the
salt water at Fort Allen Park, and en-
joyed the ocean view. They were much
interested in the Miantonomoh lying
just beneath them.
In the eveninga reception was held in
the large parlor of the hotel. 1t was en-
tirely informal. The ladies and gentle
men enjoyed it exceedingly. Chand-
ler's orchestra furnished delicious music,
and light refreshments were served by
Messing.
The members from Androscoggin,
York and Kennebec counties will come
in on the morning trains today. The
party will leave the Falmouth at 9
O'Clock sharp, with Chambers full
band, for Custom House wharf, where
the steamer will be taken at $50 O'Clock
for the Ottawa House. At the hotel the
| annual business meeting will be held,
after lunch has been served. Boats will
leave for the city at 8 and $50 p. m.,
to connect with trains east and west.
Dinner will be served about 100 o'clock.
The party remaining all day will return
to Portland at 6. 40 D. m. This is the
list of the members present last evening
from out of the city: Fl j. Hathaway
of Houlton, A. H. Snow of Damariscotta,
CA. Abbott and wife of Lewiston, H.
M. Burnham and wife of Lincoln. Ara
Warren and daughter of Bangor, J. g..
Ham and wife of Livermore Falls, G. "A.
Parker and wife of Ellsworth, f. Slade
and wife of Boston, H. W. Bogarth of
Eastpost, WI. Cobb and wife of Cor
ham, P. l.. Lord of Calais E. B. McAllis-
ter of Calais. C.E. Mari of Pennington,
| George W.Dorr of Waterville, G. K. Par
fridge of Augusta, F. S. Charles of Bos-
ton, IA Bavis of Calais, G. P. Hanna
ford of Winthrop. T.W. E. Dunn of Brldg-
ton, WI. Woodman of St.Augustine. E..
Frink OF Green's Landing, PC. Cline of
Boston, #. II, Lothrop of Boston. W. &C.
Earl of Philadelphia, DR.. Myshrapell of
D etroit, LA. Curtis of Boston.
The Portland daily press., 1894-06-29
Bowdoin Reunions,

The class of IA, Bowdoin College, sscel-
ebrated it's virgintennial at the Fall
mouth Hotel last evening, with reun-
ion and supper. The table was very
handsomely decorated and the menu
provided was especially delicious. By
the kindness of Mr.. W. ii. Moulton, a
prominent member, the Salem Cadet
Band provided most delightful music
The affair was'entirely informal without
toasts or set speeches. These gentlemen
were present: H.K. White of Bangor,
Charles G. Springr of Boston e. Dudley
Freeman of Yarmouth, q. F. Kmball of
Chicago, F. W. Hawthorne of Jackson
vile, Fla, Don A. H. Powers of Houl-
ton, E. N. Merrill of Skowhegan, D. o.
S. Lowell of Boston, Professor Henry
johnson of Brunswick, Rev. Charles J.
Palmer of Lanesboro, Mass, W. N. Pay
son of Boston, DR.. John W. Pray of
n orthwood, N. H., H. Emery of
Portland, W. II. Moulton of Portland,
Dr. Charles Fl. Hunter of Minneapolis,
Mimi, DR.. L. Fl. Kimball of Boston,
Rev. Samuel v Cole of Taunton. Mass.
Ira S. Locke of Portland, Edward O..
Howard of Boston.
The class Of '54 enjoyed reunion and
elegant dinner at the Falmouth last eve
ming. These gentlemen were present and
| celebrated their 40th anniversary: Coun-
Gil Greeley of Chicago, Daniel G. Lins-
colt of Boston, Samuel Freeman of Ev-
| eret, John L.Stetson of Boston, Ambrose
Eastman OF Boston, Joseph E. Merrill OF
| Boston, franklin A. Wilson of Bangor,
William P. Tucker of Pawtucket, DR..
John A. Douglass of Amesbury, Henry
Hyde Smith of Boston, W.Wirt Pender-
CAST of St. Panl
The class of 81 celebrated it's decenni-
| al at the Preble House last evening.
The small dining room was redolent
with the aroma of cut flowers, and the
menu was dainty. These members OF
the class were present: President H.
M. Wright, Secretary C.E. Adams, q. W.
Kemp. CT. Sayward, L.Barton, SIR.
Childs, G. W.Lougren, W.K. Hilton. Jr.
Nv. Means, F. P. Knight, D. c. Clark.
The Portland daily press., 1894-06-29
PERSONAL.

Hon. S. W. Matthews, labor commission
er, was in the city yesterday. r.
Edwin Dow of Highland. of the Maine
Central railroad, was presented with a
fine gold chain recently. The chain was
presented by the officers of the train OF
which Mr.. Dow is brakeman.
Mr.. Walter I. Woodman and family OF
St. Augustine, Florida, will spend the
month of July with JIG. Woodman, Esq.
IL Pearl street.
DR.. II. Dana has been elected a vice.
president of the Harvard Medical Alum
nj Association.
At the alumni meeting at Yale Col
lege, Rev.Dr Fem of this city respond
ed for the class of 1854.
Senator E.. Spofford of Deer Isle, is
at the Falmouth.
Hon. Henry Lord of Bangor, presi-
dent of the State Board of Trade, is
stopping at the Falmouth.
Hon. Charles P. Hatch of Buckfield,
United States Bank Examiner, is at the
Falmouth.
Fr. Manning, attached to the Cathedral
of the Immaculate Conception, has been
transferred to Presque Isle and Fort
Fairfield, where he will be parish priest.
He will be succeeded here by FIR. Har-
rinaton, an ex-Passionist Father, from
the Argentine Republic.
Graduates of Dartmouth receiving the
degree of A.B. this year are John Ed.
win Cassin of Bar Mills, Ernest Guy
Ham of Kezar Falls, Fred Augustus
Murphy of Lyman, Edward Hart Stafford
of Kittery. The degree of Bachelor Of
Letters was conferred on Alfred Bartlett
and Rolla Willis Bartlett of Eliot.
Professor Ropes of Bangor was given
the title of DID,. at Yale, Wednesday.
DR.. John Bowers of this city. was ar
usher at the Owen Macarthur wedding in
Saco, Wednesday.
Mr. o.. r. Wish is at Cushing's Island
Mr.. John A. Bellows is visiting il
Dartmouth, Mass.
The Portland daily press., 1894-06-29
How's This /!

We offer One Hundred Dollars reward for any
case OF Catarrh that cannot be cured by Halls
Catarrn Cure.
r. j. CHENEY & CO.. Toledo, O.
We. the undersigned have known F. j.
Cheney for the last Is years, and believe him
perfectly honorable in all business transactions
and financially able to carry out any obliga-
lions made by their firm.
WEST s. TRUAx, Wholesale Druggists, Tole-
do, o.
WALDING, KINNAN & MARVIN, Wholesale
Druggists. Toledo. o.
Halls Catarrh Cure is taken internally, act
ing directly upon the blood and mucous sur
faces of the system. Testimonials sent free
Price TIC. per bottle. Sold nv ALI drl0e-'---
The Portland daily press., 1894-06-29
OBITU AIRY.
John McLay.

John McLay, former citizen of Win
th-op. died at his home IN Great Bar
rlngton, Mass, June 90. Mr.. McLay was
native of Dumbarton, Scotland, and
was 60 years of age at his death. He
came to this country in 1862. He was
closely identified with temperance work,
an ardent Repu blican, and at one time
did considerable newspaper work. He
was mem Der of Temple Lodge of Ma
sons, Winthrop.
The Portland daily press., 1894-06-29
BRIEF JOTTlNGS.

The Sunday schools connected with the
Chestnut street M. E. church, Vaughan
street NJ. E. church and Clark Memorial
church of Woodfords, will go on their
annual picnic today S.45 a. NJ, to
Sebago Lake. The indication is that a
large numbe will go.
Word has been received from Montreal
that the big steamer Amarynthia of
the Donaldson line is ashore near lie
Ronde, about opposite the Dalhousie
station of the G. P. Rim Montreal. She
had been under way only ten minutes
when she struck on the rocks
Geo. E. Wetherby, driver for the Port
land Beef Co., was kicked by horse
and his shin bone fractured.
The officials of the Portland Company
are considering the advisability of re-
placing the wooden shears at their works
with iron ones, such as are used at Bath
and at the Atlantic Works in East Bos-
ton.
Buffers Signal Corps had pleasant
excursion to Long Island Wednesday
and dinner at Ponce's. In the shoot with
revolvers Private f. P. Bailey won first
prize, with score of IS, and Lieut..
Butler. second, scoring II.
"The Liquor Traffic in Portland as
Related to the Mayor, the Sheriff, the
Ministry, the Commonwealth, and the
Kingdom of God," will be the subject
discussed by Rev. p. Woodward at the
Second Advent church, Congress Place,
next Sunday afternoon, at 800 O'Clock.
In the present condition of public senti-
ment no doubt large number will be
present to see if there may not be "anoth-
er side" to the matter.
The Free street Baptist church and
Sunday school will make an excursion
to Hope Island, Saturday, June 80. The
steamer leaves Portland Pier at a. NJ,
and 2 p. m.
Yesterday was warm and bright, with
shower at noon.
The pupils of the first class at the
North School, presented Miss F. L. Rob-
inson beautiful book of engravings of
European scenery, yesterday.
The season for short Holsters will close
tomorrow.
The Womans' Christian Temperance
Union will hold a meeting at SO Oak
street, today, at Pm. Miss Anna Cor
don, of Chicago, Miss Wizards private
secretary, will be present and speak. A
cordial invitation is given to all that
are interested to be present
Mr.. Gushing is having the wharf at
Ottawa Landing put in first-class shape,
replanking and strengthening it. The
waiting room viii be very pretty,
Thesgrammar schools had their closing
exercises yesterday. They were prettily
decorated and special songs and recita-
tions were given by the pupils.
A new flag has been purchased for the
City Building. 1t is 81 feet long.
Union Station saw the greatest CROWD
yesterday morning that it has seen fol
over year. The platform was crowded
and every incoming train added to the
throng. The police officers and railroad
men had their hands full taking care Of
the crowd.
The new flag presented the Smaller
school by Mr.. c. T. Guptill, was hoistet
yesterday, amidst the cheers of the
scholars.
A large feet of coasters were in thu
harbor yesterday, heavy fog bank out
side preventing them from sailing. The
vessels started out in the forenoon, bu
were obliged to return.
The Second Parish Sunday schoo
holds its annual excursion on June 50tl
at Cousins Island. For particulars Sc,
advertisement
The Portland daily press., 1894-06-29
Island Pavilion.

The McCallum company in "Frou Frou,''
at the Pavilion at the Island, are drawing
large audiences this week. The Weston
Sisters in their songs and dances and Will
f. Denny with his latest songs are making
big hits. Every one should see Frou Frou.
Procure your seats in advance at Stock
BRIDGES music store.
The Portland daily press., 1894-06-29
ACCIDENT AT PREsUMPscoT PARK.
A Lively Colt Falls on Its Driver, Crush
ing Him Badly.

A severe accident occurred this wee k
at Presumpscot Park to W. D. Ramsdell,
the veteran horse trainer. Mr.. Ramsdell
has string of young horses he is work.
ing at the track. and had one of the colts
hitched to "bike" sulky on the track.
noise and reared. The sulky, set low as
it was, ran right under him, and he
came down with crash backwards,
crushing the sulky and Mr.. Ram sdell in
his fall. The sulky was broken, the colt
was uninjured, but Mr.. Ramsdell had
several ribs broken and suffered other
injuries. He is of good courage, he W
ever, and asserts that he will drive that
colt in July 4th races, for which he is
entered,