davidaulloa/AmericanStories huggingface dataset:
The Advocate and news., 1897-12-01

Kansas Court of Appeals, Southern De-
partment, Western Division.
No 1876.
William c. Mills, plaintiff in error,
VS..
George w. Vickers and Blanche Vickers,
defendants in error,
Error from Comanche County.
DISMISSED.
Syllabus. BY the Court. Schoonover, J..
|. Where the record fails to show that
the motion for new trial was filed during
the term at which the verdict was rendered,
ii will be presumed, for the purpose Of up
holding the judgment of the court below
was not made In time, and was for that
reason overruled." a Kas. app, 1921
2. The petition examined: Held, sufficient
as against an objection to the intrOduc-
tion of evidence upon the grounds that the
petition fails to state facts sufficient to
constitute cause of action.
3. Where the defendant does not attack
the petition by motion or demurrer but
answers and at the trial objects to the in
. PRODUCTION of evidence upon the grounds
that the petition fails to state facts suffi-
cient to constitute a cause Of action, the
petition will be literally construed so as to
uphold it If possible
All the Judges concurring.
Opinion filed November 10, 1897.
A true copy.
Attest. h. J. WESTGATFi,
Seal. Clerk.
BY G. L. Garrigues Deputy Clerk.
Kansas Court of Appeals, Southern De-
partment, Western Division.
No. 100.
The Globe Furniture Company, plaintiff in
error
School District No %, County of Stafford
State of Kansas, defendant in error.
Error from Stafford County
AFFIRMED.
Syllabus. BY the Court. Schoonover, ].
/. The instructions complained of set
forth: Held, under the evidence not mis-
leading.
g The evidence commented upon: Held,
sufficient to sustain the special findings of
fact.
All the Judges concurring.
Opinion filed November 10, 1897.
A true copy.
Attest. e. j. WESTGATE,
SeaLl Clerk.
BY G. L. Garrigues, Deputy Clerk.
The Advocate and news., 1897-12-01

in the property burned In excess Of the In
surance thereon.
All the Judges concurrlng.
A true copy.
Attest w. H. GATES
[Seal.1 Clerk.
The Advocate and news., 1897-12-01

Kansas Court Of Appeals. Southern De-
partment, Western Division.
No. 164.
]. c. Bennett, plaintiff in error,
VS..
]. $. Evans, defendant in error
Error from Rice County.
AFFIRMED.
Syllabus BY the Court. schoonover, ].
The evidence in this case examined:
| Held, that the trial court committed no
error In sustaining the demurrer of plain
tiff TO defendants evidence.
All the Judges concurring.
Opinion filed November 19, 1897.
Attest. Ell. wEsTGATE,
BY q. L. Garrigues, Deputy Clerk
Kansas Court of Appeals, Southern De-
partment, Western Division.
No. 1853.
r. J. Hardesty, plaintiff in error,
vs..
Ben Ferguson, defendant in error
Error from Ford County.
AFFIRMED.
Syllabus BY the Court. Schoonover, ].
The record in this case examined: no
error prejudcial to the rights Of the plaintiff
In error appearing, the judgment Of the
trial court is affirmed
All the Judges concurring.
Opinion filed November ~, 1897.
A true copy.
Attest. a tsi 81. wEsTGATE, tr:,,
BY G. L Garrigues, Deputy Clerk.
Kansas Court of Appeals, Southern De-
partment, Western Division.
No 1856.
The Central State Bank of Geneseo, Kan
sas' corporation, plaintin in error
Emma T.. Glenn, defendant in error.
Error from Rice County.
AFFIRMED.
Syllabus, BY the Court schoonover, j.
A
giving Of instructions at the trial. the error
is waived, and this court will not examine
them.
2. Where the questions for review, as pre-
sented by the record, are questions Of fact
only, this court will not disturb the Ver-
dict, when the case has been fairly tried
and the verdict is supported by competent
evidence.
All the Judges concurrlng.
Opinion filed November 10, 1897
Attest. E. J, wEsTGATE,
BY G. L. Garrlgues, Deputy Clerk
Kansas Court of Appeals, Southern De-
partment, Western Division.
No. 1875.
Long Brothers, plaintiffs in error,
VS..
George Il. Hubbard, defendant in error
Error from Pawnee County.
AFFIRMED
Syllabus. BY the Court. Dennison, P. j.
1. When the plaintiff files an amended
petition, all alleged errors committed prior
thereto are waived by him.
q An amended petition becomes and must
be treated as the original petition. A sum-
MONS order of arrest and subsequent judg-
ment, must be considered the same as II
the amended petition had been filed at
the time the original petition was filed.
g. II either the affidavit or the bond given
AMM lANAM NA N. MIA \
The Advocate and news., 1897-12-01

to procure the issuance of an order Of ar
rest by the Clerk OF the District court is
insufficient, the Clerk has not power to
issue such an order and 1t should be set
aside.
4. The provisions Of section ia of the
code do not apply to affidavits for an order
of arrest
5. Becoming surety upon undertakings is
no part OF the business OF bank, and the
unauthorized act Of it's President in signing
an undertaking for a bank does not bind
the bank In case Of liability.
6. If the ruling of the trial court is cor
rect, such ruling will not be set aside be-
cause. the court gives an incorrect reason
therefor.
All the Judges concurring.
Opinion filed November 10, 1897
A true copy.
Attest. e. J. WEsTGATE,
SeaLl Clerk
BY G. L. Garrigues, Deputy Clerk.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-04
SHOULD BE INVESTIGATED.

~.
'ne ie'su' N''e =, ~
ny Coior"uo bui''e " al us''' ',u' - icy,
looN' AZ oCoui 'eu III a 'ss'o'
rum ia''.i''es io' 'i'9 - -
he"S' anu '''e'e 70 ie"s," ~
'ha' persons oes' lui'',ied !" -
iHuniei'e 'he iaV.s nav oeo'' u4i" .,'i''s
- w 30 "iiiie 'he i'i''''' w ""V','
the ohsiausht was ii'lue' ihoo' u'"'i
s'0'' ri9a"' aii'"s's w
,neNe snow" .'ei ''l9 =. s
IN inc isi'' VI '''sse i'''S' ai'N VI
elo9uIeS 'o,'''.'',eu III i'i'O'' -
s'uus"'er 'nu. ni'e "ppeti GU ~ w,
ile"spHie,a' ''.sie see..'S So
,euson WY ~. n','','
'',u' oue'''y 49,. a.. g..
~ s'e'N ''V' pans
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-04

middle Of this century which was
about the time scientific knowledge be-
gan to make rapid strides, the methods
and objects OF education underwent Il
great change. Prior TO that epoch, clas-
steal knowledge had been regarded as
the substance OF a finished educationi
but the change referred to brought
scientific and practical knowledge to
the front, and since that time de-
velopments in these departments had
been rapid and wonderful.
Such an address MS that OF Or. Gil
man helps us TO better comprehend the
| scientific achievements OF our time.
Great triumphs in science have sue
ceedcd each other SO fast That we have
come to regard them as a matter Of
course, and do not stop to consider
how greatly blessed we are beyond our
fathers, Of evon one generation baclt.
The nonchalanoe with which we learn
OF, and even apply some great scien-
tiic discovery. that adds to our COM
fort or well being, suggests a peculiar
line of philosophical moralizins. Is a
blessing which Is not appreciated re-
ally blessing? Is our happiness en-
HANGED by the possession of comforts
and luxuries, after we have ceased to
regard them as such2 with all our
advancement beyond the status of our
fathers, are we any happier than they
wcre2
Unless the righteousness of the race
keeps pace with its advancement in
knowledge. the latter Will not Increase
the sum total Of mans happiness. The
state of being happy is that mental and
spiritual condition in which mar
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-04
PROGRESS IN KSowLEDGr.


on Oct, 2S the seml-centennial of the
foundinp Of tho eb.gota eoto,,,,ac
-,
STIMULI the sclehtlhc department OF
Yale college. was celebrated. DR..
Daniel c. Gilman, president of John
tJorl,irs p,,l,or,,t,. 1,,,,,ara, -. 80,
Gu an "u-
uress winch was the leading feature
OF the occasion The speaker traced
the growth and develonn,ert -, b,,,ro,,
,,,,o,,.i,a,,a g., a.,
IA US Inherent departments
during the last half Of this century,
and made very interesting and i'm
nrase,va showing 10 ror,r,.,,, q,
'"a' - ''iNiISu I" 'he
stuuleS anu disclosures or Darwin on
the origin Of species. Spencer in
philosphv. nNd j.v,i tho I,rc,tsb
,,otaor+,io,,,,+ Nh, ,,,,,,t.,,,
""o puu''sheu u start
hhs DOCK INTENDED To dcmonstrate
scientifically the antiquity of man, and
cited those vyr,trrs ma ,,,,r, a.,
",'N .''N'' a. m
s'uliVes Oh 'he FeiIiaIhapie intellectual
activity Of the middle portion of the
nineteenth century.
rfa nv, a., t,,,a,.,,.4t.,.. .,,....-,.
g." O." ''''1' s'''ih ul"ush prl''
shetch OF the growth OF knowledge in
physics, and then said:
nD,,ou.,,. It'd. .,.,,, -,
estimates on the intenectual accom-
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-04
TO SEARCH FOR ANpREE.

A dispatch states that a vessel pro-
has been sent from Tromsoe, Norway,
by the Swedish government, to proceed
10 the Arctic regions and search for
Professor Andree. The dispatch of a
relief expedition at this time of the
year. when severe winter has set in
above the 10th parallel, would indicate
that the situation of the, daring aero
nauts, If they are not already lost. is
considered extremely critical. But what
can relief expedition SO late in the
season accomplish?
II is now over three months since the
Swedish explorers left Danes island In
bollcon that was calculated to float
Ia the air only three weeks. II In thlt
nericd they did not accomplish their
object and sail across the Arctic, land
Ing either on the American or Asiatic
shores, they We're probably caught In
the circular currents that are believed
to prevail near the polar region, and
in either case they would be beyond
the reach Of a rescuinE party that may
not be able to proceed much farther
north than to the starting point
a representative Of newspaper IN
Stockholm, SMr. J. stadung, who ac-
companied Andree to Danes island
and witnessed the departure for the
North Pole. has an article in the No
vember Century In which he gives
the views Of the explorers with regard
to the dangers and possibilities OF
success of the undertaking Mr., stad-
ling says:
In my talks with them about the
risks and dangers OF their undertaking
they said at various times:
1--WE have taken all into account.
We are prepared to face whatever may
happen
"'Suppose the balloon should burst
/ asked. what them
we shah be drowned or crushed
Suppose you alighJ GA the pack
ice, FAR away in the dea3lute pula. re-
gious; what win you do
We shall do our best md work our
way back as far as possible. Having
during these last years thought, worked
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-04
TEMPERANCE AND the BIBLE.

A contributor to the Logan Journal,
writing about the temperance ques-
tion, reviews sundry passages in the
Old and New Testament bearing on
the subject and then comes to this
gloomy conclusion:
AFTER all this, can any man tell on
which side OF the question the Bible
stands? Is 1t not on both sides? 1t
is q witness as ready to swear for
plaintiff as defendant; guide point
ing east and west at the same time,
to the great establishment of the be-
wildered traveller. Right and wrong
are alternately on the sides of drink
ing and abstaining, and man who
seeks for information in the Bible on
this subject. IS farther Off when done
than when he began"
Deplorable. IL truel For II the sa-
cred records are so ambiguous; II they
give forth such an uncertain sound
upon question of great Importance,
what faith can he placed in them IL
other respects? Fortunately the Bible
is quite clear on the temperance ques-
tion, as on everything that pertains to
the moral conduct Of human beings
and n statement to the contrary
should not be permitted to pass by
unnoticed in our mountain homes.
The fact is that in the Bible the
evil consequences of drunkenness are
ret forth very strongly in the history
of Noah, Lot and Belshazzar, for in
stance, while the virtue of total alb
stinence is emphasized in the history
OF Samson, Daniel and John the
Baptist. The royal sage, in the Prov
cribs. lays down this rule prov. 81.
40 that strong drink Is not for kings.
nor for princes but for those who
are In distress as a means of forget
ting for the time being their misery.
Was there ever stronger argument
advanced for Temperament 1t is here
plainly stated that strong drink is not
for those who have responsible posi-
lions in life, and the inference is that
it units them for the duties of those
positions.
But, besides such examples and
declarations there are principles enun-
ciated which II applied to the question
under consideration leave no doubt as
to what is right or wrong in the mat
ter. one of these reads:
whether therefore We eat or drink.
or whatever we do, do all TO the glory
OF God. Give no occasion of stumbling,
either to Jews. or to Greeks or to the
Church Of God. Cor. 1881, 32,"
Here is another:
Whatsoever things are true. what
soever things are honorable, whatso-
ever things are Just. whatsoever things
are pure. whatsoever things are lovely,
whatsoever things are OF good report
these things do. Phil. 3:S o."
This covers the whole question.
What is 10 the glory Of the Almighty,
and what is a stumbling block to His
chlldren-the drinking traffic, or the
temperance cause? Is II the former or
the latter OF which We can truthfully
say that it is honorable, pure. lovely
and Of good report? There is really no
ambiguity, no pointing two ways as to
what is right or wrong in this matter
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-04

aud calculated in preparing for this
expedition, we have, so TO speak. mem
tally lived through all possibilities.
Now we only desire TO start and have
the thing finished some way or other
When may we begin to hope TO
hear from your | asked.
"' AT least not before three months,
and one year, perhaps two years, may
elopse before You hear from us,and you
may one day be surprised by news of
our arrival somewhere. And II not
II you never hear from us-others Will
follow In our wake until the unknown
regions Of the north have been sur
veyed.'"
1t seems, then, that Andree himself
never expected to he heard from in less
than three months from HIS departure.
under the most favorable conditions
Humanity speaking. all precautions
were taken to secure a safe voyage.
Humanity speaking too, there would
seem to be small hope Of the daring
voyagers' return. But It is probably
too early yet to give them up alto
gether as lost.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-04
BRIGHAM YOUNG ACADEMY
and
Church Normal Trn lining School

,hui'h NtHopl.
The Academy begins its twenty
second Academic year Aug. 30. 1897!
and offers instructions in the following
departments:
l. a Kindergarten and KinLcrgar-
ten Training school.
,. A Primary SHOOT, covering the
eight grades.
5. A High SHOOT. covering four
years work.
4, a Commercial college covering
three years work.
8. A Music department tnstru-
mental and vocal
6. A Domestic Science Department,
giving instructions in cookery and
domestic arts.
7. A Collegiate department, cover
ing four years work and Offering
courses leading to the following de-
grees:
A. \ Normal course leading to
the degree Of Bachelor of Pedagogy
(3 Pd).
b. Academic courses leading to
the degrees OF Bachelor Of Science
(B. 81. Bachelor OF Letters (B. Ii,
and Bachelor OF Philosophy Phi. Il D.
For circulars of Information. apply
to tho Secretary. Brigham Young
Academy. Box c. Provo City
BENJAMIN cLUFF JR..
President.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-04
The Liver Keeps People Wen.

When the liver is sluggish all other
organs are involved. You suffer from
Constipation. Rilliousness, Jaundice.
Headache, Indigestion, Pain in Back.
Chills and Loss Of Energy. You will
never know how promptly these
troubles can be cured until you use
HERBINE. 1t cures quickly when
Other remedies utterly fail. Regulates
the Liver, Purifies the Blood. HER
BINE is a Harmless Vegetable Rem
edy TINT gives new life and energy al
most from the first dose. Price, 10
cents.
Free Trial Bottle at z. C. NJ. 1.
prug Department..
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-04

Tho direct line to Kansas City, St
Louis and Atlantic seaboard, Is via
the Missouri Pacific Railway, from
Pueblo. Through sleeping and chair
cars, and all connections made in
Union depots in the daytime. II you
are going East and care for n day
light ride through the grandest seem
cry of the Rocky Mountains enroute
see that your ticket reads via Mis-
souri, Pacific Railway. Elegant chair
cars positively free to the holders Of
regular train tickets.
II. b. KoosER. c. II. G P A.,
Salt Lake City.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-04

Spring storms first overturn
those trees which are not well
grounded. Don't let these
enervating spring days find
you poorly prepared to resist
them. To have strong nerves,
rich blood, good appetite and
sound digestion is to be well
grounded. SCOTS Emulsion
of Cod-liver Oil with Hypo-
phosphites will give all these,
because itnourishesthe whole
system and reaches the very
tissues of life. Better have
the spring cough blow by you
rather than stop with you for
weeks or all summer long.
For sale by all druggists at so cents and si.oa
SCOTT n BOVINE Chemists, New York.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-04

OF something amiss in the throat or
lungs. Don't mind the cough, mind
the cause, Use the remedy that cures
the cough by curing the cause. Bat
lard's Horehound Syrup cures Throat
and Lung Troubles. Whooplng Cough
etc. the right way. Quick. Sure. Safe.
Mrs. w. b. Evans. Clearwater. Kans..
writes: six years ago my husband
lay sick for three months; the doctors
said he had quick consumption. One
bottle of Billiards. Horohound Syrup
cured him." Price % and so cents.
Sold by z. c. NJ. l, Drug Depart
mont
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-04

Mans most painful Affections are
promptly relieved by Billiards. Snow
Liniment You will never know all
that IMMINENT can do until you try
this one. Cures rheumatism, Neural
gia. Sprains, Bruises, etc, as by mag.
ic. The most penetrating compound
ever devised This case is but one of
thousands: 81 had a severe attack of
rheumatism. Could not work by day
or sleep at night. Three applications
of Billiards. Snow Llnlment cured me
within twenty-four hours. C. w Ford
tof Lyon Supply Coz, FIT. Worth.
Texas. Price, so cents.
Sold BY z. C. NJ 1. Drug Depart
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-04

Brooklyn. N. Y. Dec. 10. 1896.
Messrs. Ely Bros.:-I have used Ely's
Cream Balm a number of years and
find II works like Il charm II has
cured me of the most obstinate case of
cold in the head in less than IS hours
from the time I felt the cold coming
on. l would not be without it.
Respectfully yours.
2S3 Hart st. FRED'K FRIES.
Cream Balm Is kept by all drug
gists, Full size soc. Trial size 10 cents.
We mail IT,
ELY BROS. Sc Warren st.,N. Y. City.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-04

/ suffered for weeks with collie and
pains in my stomach causd by bilious
ness and had to take medicine all the
while until l used Chamberlain's Cole
Cholera and Diarrhoea Remedy, which
cured me. ] have since recommended
1t to a good many people. Mrs. +. But
Ter. Fairhaven, Conn. Persons who are
subject to bilious collie can ward off
the attack by taking this remedy as
soon as the first symptoms appear. Sold
by Druggists.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-04

Mr.. Jacob Il. Brown, of Grahamvllle.
6. c., was troubled with chills and
fever, and unable to procure relief, un-
til he began to take Ayers Pills. He
is now enjoying excellent health and
is warm and sincere advocat OF Ayers
Pills, for all complaints of stomach.
liver. or bowels.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-04
PHOTO HUTTON NOVELTIES.
CAllTl0h

Beware of agents for photo buttons who
represent themselves as having the agency
for photo button novelties and who take
your pictures and get your money; when
the buttons come. or they do GOMEZ you are
sure to be disappointed. We represent and
are the ofclni Photographers for the
PHOTO BUTTON CO., of Salt Lake City.
who make their pictures here In town Call
and see the fnc line of samples at our studio.
SHIPPERS. Hooper Block.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-04

MY brother was troubled for sever
al years with a severe cough and also
with rheumatism. He has taken a few
bottles OF Hoods Sarsaparilla and IL
relieved, He never felt better IN his
life. He now coughs but seldom and
never feels anything Of the rheuma-
tism." Cora Evans, Punguitch, Utah.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-04

The lease on theHall OF Relics ground
expiring November 10, the Hail viii be
finally closed ON that date. Admission
10 c. Open every day. Don't miss the
last chance. to see the interesting col
lection of Pioneer relics.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-04

Agricultural College, Logan. Opens Sop
TENDER 30, 1897.
COURSES OF STUDY Agricul-
ture, civil engineering. mechanical
engineering, domestic arts, book
keeping, and general science
MANUAL TRAINING Farming,
dalrying. blacksmlthing and mechan-
ism, carpentry, cooking and dress
making.
Tuition, free. Entrance fee S..
Board S2.25 to 50 per week
Address: j. NJ. TANNER,
President
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-04

Take good care of the hair OF the
head, and when it begins to loosen and
fall off or turn gray apply Halls Hair
Remover, and the result will be pleas
iug
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-04

Lnndrum's Schools for dancing. Third
South between Main and West Temple.
Dancing Of every description taught.
(No public socals)
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-04

Hoods Pills are the only pills 10
take with Hoods Sarsaparila. Easy.
efficient. 25o.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-04

Gray's Laxative Pellets cure Con-
stiputiOn.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-04
THN RUsINEss pEPARTMrNr

includes complete courses in Book
keeping and ONCE Practice, Phonogra-
ply and Typewriting. Grammar,
Arithmetic, Algebrn. Penmanship,
Spelling, Etc. and admits students to
all classes OF the High School course
For information regarding the
COMMERCIAL COURSE,
Address the undersigned or call ut
253 w. North Temple
JOS. NELSON.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-04
IArrrR.DAY SAINTS COLLEGE.
And Church Normal Training school salt
Lake CITY,

School year opens Sept 18th. Fee
for years work, $40. Complete course
offered in Kindergarten and Kinder
Carton Training. Music, Kitchen Gar
den, Normal work (with trainlng) and
High School branches. Collegiate
course. with degree Bachelor of
Philosophy. Ample building facilities.
For information address.
WILLARD DONE, President.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-04

Highest price paid for Bees Wax.
Johnson Psat. Drug Co., a Main.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-04

Gray's Laxative Pellets cure Con-
stipation.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-04
5. 7. BALL, TEMPLE BAKERY,

-. 10 Main Street
Has cakes Of every description, lunches. sand.
wiches, tea and coffee. oysters. Try our gluten
bread. Wedding cakes and ornaments a speci-
ally.