davidaulloa/AmericanStories huggingface dataset:
The advocate., 1897-05-05
published May 5, 1871
Court SyIIabi.
Kansas Court on Appeals, Northern Depart
ment, Eastern Division.

Kansas Court OF Appeals, Northern Depart-
ment, Eastern Division.
No. 17s.
Geo. NJ. Peters, G. D. Firestone and o. q.
Peters, partners doing business under the
firm name and style Of Columbus Buggy
Company, plaintiffs In error,
Va.
John Brandon, ST., and Dennis Ryan, defend
ants In error.
Error from Leavenworth County District
Court.
REVERSED.
SYLLABUS. BYTHE COURT. MAHAN, P. J..
/. In order to constitute the purchaser, Of
chRttel property from On agent OF the owner
with apparent authority 10 sell che same, q
purchaser for value, such purchaser must have
bought without notice OF the rights OF the
principal and must have parted with some
thing OF value at the time.
T. The mere promise TO pay the debt OF the
agent for which the defendant was already
bound as surety, without any acceptance on
the part Of the creditor, or release OF the prin'
cipal, so rs to bind the purchaser 20 such
promise and discharge the principal, Is not q
parting with value within the meaning OF the
law.
All the Judges concurrlng.
A true copy. ..
Attest w. II. THOMPSON,
[sRALl Clerk
The advocate., 1897-05-05
AFFIRMED.
SYLLABUS.

SYLLABUS. BY THE COURT. MAHAN, p. J.
/. Lands owned by railroad company and
used for its depot, warehouse, Foundhouse ana
shops, situated within CITY Of the second
class are liable to assessments Gor local I'M
proVements 90 other lands are.
3. II is the policy Of the Legislature OF this
State to maintain the railroad plants within
the State In their entirety, and such local as
sessments on lots OF land within cities OF the
second class are by force Of the statutes Of the
State made personal charge against railway
companies owning such lands and the stat
utes authorize the County Treasurer, In be.
half OF such cities, to enforce the payment OF
such local assessments IN the same manner RS
the general revenues of the State are collected
against such railway companies, by the Issue
OF tax warrant and the seizure and sale OF
the personal property OF such railway COM
panies Hereunder
8. The Legislature had the power TO make
such assessments q personal charge and no
provision OF the constitution OF the State 10
thereby violated.
4. The question as to whether lands situated
within city are subject TO such local assess
ments is question for legislative determine
tion; and the Legislature can authorize the
exercise Of such power by the municipal cor
poratiOn or by board OF commissioners 20 be
appointed by the Legislature or by such ma-
nicipal corporation.
s. The exercise Of this legislative authority
is conclusive upon the courts.
All the Judges coneurring.
A true copy.
Attest: W, H. THOMPhONt
TsEALl Clerk,
The advocate., 1897-05-05
AFFIRMED.
SYLLABUS.


/. A petition which alleges that the defend
ant was the owner and keeper Of vicious dog
accustomed to attack and bite mankind, that
the defendant knew the character and pro-
pensities Of Che dog and permitted him 20 run
at large and that the dog while 80 being per-
mitted to run at large attacked and bis the
plaintiff and wounded him, inhicting upon
him serious injuries, charges o cause ofAction
against the defendant and IN favor OF the
plaintiff.
q. In order TO authorize the jury In such o
case to award vindietiye or punitive damages,
IL 10 sufficient 70 alleg9 that che defendant
knowingly kept and harbOred vicious dog
and permitted him TO run at large, regardless
OF the rights OF the citizens OF o city OF the
arst class Such charge implies necessarily
such gross negligence or wantOnness as TO 9u-
thOrize the court TO charge the jury chat they
might award vindictlve or punitive damages.
All the judges concurring
A true copy. ..u,,
Attest: w. n. THOMPSONt
lsEAL ClerG.
The advocate., 1897-05-05
Kansas Court OF Appeals, Northern Depart.
ment, Eastern Division.
No. 1888.

The AtChison, Topeka g. Santa Fe Railroad
Company, plaintiR in error,
vs..
S. s. Peterson, Sheriff Of Wyandotte County,
State OF Ksnsae, NJ. W. Stewart 80 County
Treasurer Of WySnd0tte County, State Of
Kansas, and the city OF Argentine, defend
ants in error.
Error from WyandOtte County District Court
The advocate., 1897-05-05

Kansas Court OF Appeals Northern Depart
ment, Eastern Division.
The advocate., 1897-05-05

"
Governor HOlcomb of Nebraska was
present and was called on for q speech.
He very strongly favored the opening
Of che Gulf port. When asked for his
opinion relative to Port Arthur and the
Western aesbOsrd connections he said:
"It would seem that at last the de-
msnds of the Western people for a
proper connection with the seabOard
are 20 be fulfilled. The question is
one Of vital concern to our people, and
whatever progress 10 made toward se-
Curing ~ viii Tnect with our hearty
The advocate., 1897-05-05
Kansas Court OF Appeals, Northern Depart.
ment Eastern Division.

No. 2li.
Charles Ham, plaihtlfH In error,
Va.
August Kordula, defendant In error
Error from Wyandotte County Common Pleas
Court.
The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1897-11-25

Yet all the lives that are lost each year by
violence and accident are but an insignif-
cant fraction to the untold thousands that
are slain by the grim destroyer, consump-
ton. 1t is the most insidious and the dead.
liest of all known diseases. It knows neith-
er rank nor wealth. It attacks people in all
the walks of life. It makes no distinctions
1t has for centuries been considered incur.
able. 1t is not.
An almost unfailing cure for consumption
is found in DR.. Pierce's Golden Medical Dis
covery. 1t acts directly upon the lungs and
also corrects the aggravating cause of the
disease. 1t corrects all disorders of the di-
gestion, invigorates the liver and makes the
assimilation of the food perfect, thus nour.
ishing and Strengthening the system for its
battle with its relentless foe. 1t fills the ar
teries with the rich, pure blood of health
It builds new, healthy tissue in the lungs
and drives out all impurities and disease
germs. 1t cures o8 per cent. of all cases of
consumption. Thousands have testified to
their cures. All druggists sell it.
1T was taken sick in February, 1887 with ty.
phoid pneumonia" writes Mrs Henrietta Hart,
of voorheesville, Albany Co., N. Y. "I then had
miscarriage: did not leave my bed to sit in q
chair till the first of June. had medical care all
alone. The doctor said he could do no more for
me. Twas coughing and raising and was almost
dead with consumption. Igave up to die: !took
covery and Favorite Prescription together (not
seven of each), and was then able to do my own
housework for my family of four. In less than
three years from the time began your medicine,
gave birth to healthy baby girl that weighed
eight pounds. I have had two children since,
and am enjoying good health now"
Pretty eyes, bright, snappy and full of fire
and life. Constipation makes the blood
impure, and the eyes get dull and heavy,
glazed and listless. DR.. Pierce's Pleasant
Pellets cure constipation speedily and per-
manently They never gripe.- They are
One is gentle laxative, two mild cathar.
tic. Druggists sell them.
The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1897-11-25
Through Cars to California.

Persons contemplating trip to Cali
fornia should be particular to see that
their tickets via The Northwestern
Line, and thus avoid unnecessary
changes of cars and delays en-route.
Personally conducted excursions to
California leave every Thursday. For
lowest rates, sleeping car reservations,
maps, printed matter and detailed in
formation, inquire of agents Chicago &
Northwestern R'y. 14-6t
The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1897-11-25
A7REsT!| i
DR. w. D. Finn Passed Away
at 2 O'clock Monday
Afternoon.
He was Conscious Up to the
Time Of Death, and Al
ways Hopeful
The Doctor Struggled Brave1y
over -Four Weeks against
the Grim Reaper.
A Solemn Funeral Procession
Amid the To11ing Of
Church Bells.
Some Incidents Of a Long and
Beneficent Career are
Recorded.
A Physician whose Loss will
be Dep1ored Throughout
the State.
DIR. Finn is dead,
A Physician whose Loss will
be Deplored Throughout
the State.

DR.. Finn is dead.
The well-kDown healer of troubles
among hundreds of people, after over
four weeks of suffering from cancer of
the stomach, passed away at two
o'clock Monday afternoon.
He was conscious up to the time
of his death. AS he became
weaker his near relatives were
notified and they commenced
gathering about his bed side, and
when the spark of life went out at two
o'clock all of the members in the city
we're present. The patient made a
hard struggle up to the last.
The funeral occurred at two o'clock
yesterday afternoon. It was from the
house where DR.. Finn has made his
home during his later years. Long
before the hour set for the commence
ment of the solemn ceremonies the
city commenced to fill with friends
and admirers of the deceased, and
when the hour arrived the streets and
lawns around the residence we're
thronged with people and vehicles
who gave their presence as last
tribute to the dead.
The ceremony was under the di-
rection of Antiquity Lodge No. 81, A.
F. & A. NJ, of which the deceased was
charter member, and in which he
was a prominent working figure dur
ing the early years of its history. The
Rev. W. II. Knowlton, rector of the
Church of Holy Communion ,oficiated
at the ceremony, and the choir was
composed of Mesdames O. W. Nc
MILAN and G. E. Dickinson, and
Messrs. Horace Jones and G. c..
Kenney, with Miss Isham as organist.
The solemn ceremonies we're opened
with the choir singing "Tarry With
Me, 0, MY Saviour" after which Mr..
Knowlton read sentences from the
Resurrection of Life. The choir fol-
lowed by singing "Now, the Laborer's
Task is O'er," and Mr.. Knowlton then
read from the 18th chapter of Cor
; inthians, commencing with the 10th
verse, "Now is Christ Risen from the
I dead" After this reading Mr..
Knowlton delivered short eulogy on
the career of Dr. Finn, and held that
career up as lesson to all who wish
I to get along with their neighbors as
their Creator intended. He pointed
The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1897-11-25

to DR.. Films restless, energetic ma
ture, the foundation of his working
from poor boy up to one OF the
best known physicians in the country.
Mr.. Knowlton closed with prayer,
after which the choir sang "Rock OF
Ages The body was carried to the
hearse by the pall-bearers, Messrs
w. F. Dickinson, O. L. Dornberg, w.
P. Dunnington, James B. Robin
son, VIM. E. Baker and Joseph Tyson
and the procession started for the
cemetery. The remains were placed
in the Finn family plot, and the car
The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1897-11-25

time, up to the time of his death, he
was visited by DR.. Burton, the we'll
known diagnostician and chief sur
geon of the Rock Island route, DR.;
Walsh, the well-known stomach spec
alist of st. Paul, DR.. Charles E.
Greene, fever specialist of St. Paul,
Drs. Penhall Of Morton and Stoddard
of Fairfax, Drs. Welcome of Sleepy
Eye aud Jones of Gaylord, and con-
|sequently the best medical skill was
at his service and did all in it's power
to save its disciple, but DR..
Finn continued to sink until
the lamp of life went out.
DR.. Burton came up from Minneapolis
on Tuesday, and stated that from an
The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1897-11-25
rying out of the Masonic ceremonies
concluded the placing to rest the re-
mains of DR.. w. D. Finn.


concluded the placing to rest the re-
mains of DR.. w. D. Finn.
DIR. Finn was first taken i'll on the
evening Of Thursday, Oct. 2lst. The
day before he had been making pro-
fessional visits along the line of the
Minneapolis & St. Louis and on the
morning of that day he was at Hanley
Falls. For breakfast that morning he
ate some salt pork and other nourish-
ment that did not agree with his
stomach, and during the day he COM
planned of pain in his stomach. He
appeared at his evening haunt, The
GAZETTE Office, at about eight o'clock
that night, and shortly afterwards
took vacant chair in his favorite game
of whist. At 9 o'clock he requested a
friend, w. P. Dunnington, to play his
hand. saying that he wanted to retire
to the room below for a few
minutes; that he would soon be up
and take up the hand. He remained
in the basement for over an hour, and
on coming UP his friends noticed that
he was ghastly pale, and remarked
that he must be ill. But DR.. Finn
insisted that he would soon be alright,
and sat down and played two or three
hands of whist. About half an hour
after he came up, his friends, alarmed
at his condition, retired from the
game, and started for their homes.
DR.. Finn went with Mr.. Dunnington
to the corner of Second and Mill
streets, and was belching up so freely
that the latter offered to take him
home. The Doctor insisted that he
was alright and could get there him
self. The two parted, but a moment
later Mr.. Dunnington noticed that DR..
Finn was belching freely on the op-
posite corner, and was about to start
for him, when DR.. Finn started up at
a rapid gait and went home alone.
Two hours later he was seized with
violent pains in his stomach-pa pains
that drove him nearly mad. His faith
full wife was quickly at his side, and
soon Drs. Pease and Gibson were
called in to administer for DR.. Finn.
By the use of morphia injections
they quieted him down so that he
rested fairly we'll for the remainder OF
the evening. The next day there wert
signs of improvement, but at abou,
two o'clock in the afternoon the pains
again appeared, but not in such a
violent form, and another injection
quieted the patient. He seemed to
improve, but on Saturday afternoon
the pains appeared in a very mild
form again, and were as quickly
quieted. After that time, for a week
or more, his conditions remained abou,
the same. During and after this
The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1897-11-25

AS the county BECAME more thickly
settled DR.. Films financial condition
became better and his medical practice
was made more easy. But he continued
to respond to all calls, night and day,
and this incessant, wearing work, un-
doubtedly fastened his end. During
the last few years he has been called
for consultation from points as far west
as Reyillo, s. D., to the east as far as
Waseca, SO solid was his diagnosis and
treatment of cases. During the last
two or three years he has been obliged
to refuse large number of night calls,
on account of his health.
He was superintendent of schools of
Redwood county for short time dur
ing the early history of the county.
When A. r. McGill was elected Gov
ernor of Minnesota he appointed DR..
Finn member of the State Board of
Medical Examiners, and DR.. Finn
shortly afterwards became President of
that board. He remained member of
the Board as long as the law would
allow. He was member of the United
States pension examining board for
this district during all of the Republi-
can administrations, and was about to
be reappointed such a member just be-
fore his death. In 1894 he was asked
to become a candidate for senator of
this district, and partly accepted, but
afterwards withdrew from the race, on
account of his large practice and other
business. He was consulting surgeon
of the Minneapolis & St. Louis Rail-
road.
The year that DR.. Finn came to
Redwood Falls he was married to Miss
Mary Brainerd of Danville, Wis,
and they were the parents of five child
ren, two alone surviving the Doctor,
Thomas and Brainerd Finn.
Shortly after his arrival here DIR.
Finn built residence on the site
where the present one now stands.
1t was the house now owned by H. L.
Beecher on Minnesota avenue, the
original house being smaller than that
house by several additions. In 1892 he
completed the erection of his present
commodious house, where he passed
away.
William D. Finn was one of family
[of eight children, four boys and four
girls, all of whom are living at the
present time, as is also his aged mother,
Margaret Finn, who is at The Dalles,
Oregon. One of his brothers is DR..
Michael A. Finn of Portland, Oregon;
another is Thos. Finn of Spokane
Falls, WASH, and the third is P. H.
Finn of Huntington, Oregon, the last
connected with the Pacific coast rail-
roads. His sisters are Mrs. Mary
Townley of Columbus, Wisconsin, Mrs.
Julia Johnson of Danville, Wis.,, and
Annie and Margaret Finn of The
Dalles, Oregon, the latter two residing
with the mother. 1t was the intention
of the aged mother to be present at the
funeral, but the change of climate from
Oregon to Minnesota was considered
too severe, and the mother was not
present at the funeral.
DIR. Edwin Lewis of Sauk Centre, an
old friend of DR.. Finn, and formerly
a teacher in the Redwood Falls public
schools arrived here Tuesday morning
to attend the funeral.
At special meeting of Redwood
Lodge, A. O. wv, last Tuesday even
ing, arrangements were effected for
the appearance of the members in the
funeral cortege of the late DR.. Finn,
who had been member of the lodge
for MANY voars
The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1897-11-25

of Volunteers, a regiment that made it.
self famous for it's many battles during
the war, winning particular distin ction,
glory and renown at the siege of Vicks-
burg.
There has probably been no. other
man born of more modest nature re-
garding his own career on earth than
DR.. Finn. His warmest friends knew
this better than any one else, and any
attempt to get at the exact data and
events of his career was always met
with an evasive answer, or reply that
he did not have time to give the facts.
But of the facts leading up to the re.
bellion, and the history ofthe rebellion,
there are probably few men that were
better posted than DR.. Finn. It
seemed as though he gave his entire
time to the reading of valuable works
on the greatest event ofmany centuries,
and naturally when in conversation
with the gentleman his conversation
would drift off to some stirring event of
the war which he had read about, or
which he had seen with his own eyes.
Dates and facts he had in his mind to
perfection, and no one could recall the
events more accurately or more inter-
esting than he. Those who knew
him best wondered how he did it, and
at the same time kept posted on all of
the leading medical discoveries of the
day. He took all of the leading magi-
zines and medical journals andlas soon
as new discovery or treatment was
made DR.. Finn was quickly acquainted
with the details.
After the war was over, or on July 4,
1865, the exact date on which DR.. Finn
was mustered out of service, he entered
the now well-known Rush Medical
college of Chicago, and there spent
about three years in the study Of medi-
cine. He graduated with high honors
in 1858, and Immediately afterwards
came to Minnesota, commencing the
practice Of medicine at Elysian, Le-
Sueur county. At that time w. F.
Dickinson conducted a store at that
place, and the two became intimate
acquaintances. DR.. Finn was appreci-
ated by the people in and around
Elysian, from the day he entered the
town. He was bright young physic-
ian, and his practice was good from the
start. Although in debt when he came
to Elysian he liquidated his indebted
ness before leaving there and cleaned
up quite large sum of money. The
young man was restless, however, and
he longed for another location. He
visited several places in the spring and
summer of 1S7O-among them, Duluth,
where he was shipwrecked and lost all
of his medical books, and some instru-
ments. He came to Faribault, but re-
manned there only short time, and in
the fall of 1870 he came to Redwood
Falls, where he has since resided.
For several years after he located here
all Of his trips into the country was
made by livery, he invariably securing a
horse from the livery stable then owned
by Thos. Mcmillan, just east of the
present Barnes Bros stable on Wash
ington avenue. He endured many
hardships by night drives through a
lonely and unsettled country, but he
plodded on unwearyingly to relieve suf-
fering humanity. He answered all
calls, and frequently passed days and
nights witout seeing bed, and often
falling asleep in his carriage. Later he
The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1897-11-25

purchased horse that for long tim
was identified with his career. Old
Prince pulled DR.. Finn over many
miles of territory during our early his
tory, and always responded to the call.
When turned homeward Prince was
sure to come home without the rein and
DR.. Finn secured many hours of sleep
through the faithful animals knowl-
edge.
The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1897-11-25

to conceive the great field that lay be-
fore all young men of his time. When
he was but nineteen years of age he
joined one of the early Wisconsin Regi-
ments in it's career for the saving of the
Union. His enlistment occurred on
Aug. 14th, 1862, and Immediately upon
the organization of his company
he was made Sergeant Major of
the 23d Wisconsin Regiment
The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1897-11-25

investigation into the contents of DR..
Flinn's stomach, drawn out on their
first visit here, Or Walsh and he
both concluded that DR.. Films death
wolild be the result of cancer of the
stQmach, which had been slowly eat
ing away for the past 20 years.
DR.. William D. Finn first saw the
light of day in the Emerald Isle 55
years ago, hislparents moving to this
country when he was but a baby in
arms. They settled inl.Auburn, New
York, and it was there where he resided
for few years of his early life. His
brothers and sisters werei all required
to work hard, and William found
employment in a factory shortly after
he attained the age of 14lyears, and
he contributed the little mite he earned
towards the support of himself and rela-
tives. His parents moved to the west
when he was eight or nine years old,
and settled on what was then
the frontier, a farm near
Columbus, Wisconsin. They gave
their son such education as the
schools of those early days in that State
would afford, where the education did
not conflict with his other work on the
farm. He worked indefatigably on his
studies and at his other labors, and the
energy of his later days became mani
fest as soon as the young man was able
The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1897-11-25

People shuddei
when they think
of the possibility
of sudden death
by violence or ac.
cident. There is a
sentimental hor.
ror attached to
such a death that
makes people
prefer the grim
monster in almost