davidaulloa/AmericanStories huggingface dataset:
The Portland daily press., 1900-06-16
TWO RESCRIPTS.
Decisions In interesting Cases by the
Law Court.

Two interesting rescripts were re-
ceived yesterday from the Law court.
One of them is an Androscoggin county
case and the other ON Lincoln county
case. They are as follows:
Androscoggin, IS.
Nelson 4, Ham VS.. City Of Lewiston,
Rescript.
The plaintiff, man So years old, whose
sight was somewhat defective, was driy-
ing upon one of the streets OF the defen-
dant city when his horse became fright
ened by the noise of steam escaping from
a portable steam engine standing within
the limits of the street, and used in
hoisting material for the erection of a
building, and by reason OF his horse being
so frightened, the plaintiff was thrown
from his carriage and received personal
injuries, and brings this suit to recover
damages therefor.
Upon motion for new trial the defense
contends that, in view of the plaintiffs
age and defective eyesight, 1t was negli-
gence for him to drive upon a public
street. Ii does not appear that the plain
tiff s infirmities of age or sight contribu-
ted 20 his injuries, and the motion can
not be sustained for that reason.
The Portland daily press., 1900-06-16
Steamer PEJEPSCOT

will leave Portland Pier at 1900 q. m, Sunday
June nth, for Cousins. Littlejohn's, Great
Chebeague and Orr's Islands. A stop of two
hours win be made at Orr's Island where din
ner can be obtained, then the steamer will sail
up by Gun Point and around Pole Islsnd 10 The
head OF QuohOg Bay, return TO Portland via
above landings, arrive about $50 p. m. This Is
a sail never given by any excursion steamer
before and Is one OF the moot beautiful sails on
the coast. Fare to Orr's Islam and Quohog
Bay, 900, other landings, 2Se; Round Trip.
jei4dSt y. n. meDONALD, Manager.
The Portland daily press., 1900-06-16

big corporations ON the one hand, nor the
professional agitators against corpora
lions on the other. To select Speaker
from either OF these classes would be
fatal mistake and would certainly defeat
any fair and equitable scheme of tax re-
form. The occasion will demand man
of Independence OF mind and character,
strong enough to Withstand sinister In
fluence from whatever direction 10 may
come, one. without entangling alliances
either inside or outside the legislature,
one whose career In the past has put
him beyond the suspicion Of being willing
to barter the committee appointments in
advance for support, one who Is in
full possession of himself, and who
would scorn to farm out the powers OF
his Office among outsiders or insiders ana
TO substitute their wishes for his own
convictions of duty. The City of Port
land will furnish such man In
Mr.. . Richard Webb. He was a
member of the last legislature, and his
work there was exceedingly creditabie.
No legislator was more conscientious or
animated by higher motives. Anything
like sensationalism or agitation for adj
vertising purposes has always been alb
horrent to him, and every act of his In
public life, whether in the Legislature or
elsewhere, has been characterized by
thorough sincerity and inspired by
conviction that IL was for the public
good IL is only the truth to say. that the
public owes In large measure the reduo-
ton in railroad fares TO his efforts in
the last Legislature efforts which pro-
ceeded from conviction of public duty
and We're entirely untainted with the SEN
sationalism and demagoguery which are
apt to be concomitants OF efforts of that
kind Mr.. Webb will approach the i'm
portant questions TO be considered by the
next legislature entirely unprejudiced and
with no ends to serve except those which
will conduce to the welfare Of the state,
with no entangling alliances on thu one
hand or the other, which will control or
bias him. He Is a man of ideas, the pro-
duct of thought and study. In the
common acceptation of the term he Is
not a politician-he is not successful
buttonholer, nor an adept at the art of
Cabling and fiattering men. But in the
best sense of the word he is politician
that Is to say, he takes lively In
terest in every question that bears upon
the welfare of the citizen, and possesses
the ability, the courage, the honesty and
the independence that are needed for their
correct solution. We.shall appeal to the
members of the House of Representatives
when chosen to vote for Mr.. Webb for
Speaker, not on any sectional ground,
not ON any personal ground, but simply ON
the ground of his distinguished fitness
We appeal TO the people now to see that
they send no men as representatives
who are bound by pledges that will
prevent them from considering and
deciding this question on the only
ground upon which 1t can properly be
decid ed-the ground of merit.
The Portland daily press., 1900-06-16
THE NEXT sPEAKERsHIP.

1t may at first thought seem premature
to be discussing the speakership OF a
House of Representatives which will not
be sworn in until the first Wednesday of
January next and is not yet
elected Indeed we are bound 10
say that such discussion now ought to
be premature. The selection of Speak
er is peculiarly the business of the House
of Representatives over which he Is to
preside. If things were as they. should be
the question of the speakership would be
kent i'm allowance until the House of Rep
resentatives was elected and then can
yass of its members would be made to
determmine what member was best fitted
to preside over its deliberations and
guide its business. But things ara not
altogether as they should be. Governors
are now regularly selected four years
in advance of the convention supposed to
be called for the express purpose of choos-
ing them, and almost invariably the
work of selecting "A candidate for Speaker
of House of Representatives is begun
in the preceding House of Representa-
tives. One candidate for Speaker of the
next House, at least, has been quietly
prosecuting his claims for nearly two years
now. A discussion of this question now is
therefore, not only not premature, but II
anything a little belated.
We take it for granted that every
body will agree as to the qualifications
needed in Speaker, though We are quite
well aware that frequently qualifications
count for little in the settlement of the
question alongside of pulls" and SC
called "claims." Certainly nobody who
has the real interests of the State at
heart wants a man in the Speakers chair
who is a mere mask for some combina-
ton or clique either outside or inside
the Legislature. We have had some ex-
perience of that kind and nobody wants
to see it repeated. What Is needed in the
Speakers chair is man of sufficient
strength and independence of mind and
character to arrive at honest conclusions
and to stand by them, man with
out entanging alliances that will restrain
his liberty of action. No man who IL
willing to barter the committee appoint
ments in advance for this office ought tC
be allowed to fill it. No man who all his
life has been tied up with all sorts of COM
binations, is fit to fill it at the coming
session, when questions closely affecting
the interests of all the people are to come
up for settlement. No man can divest
himself of the habits and associations Of
a lifetime in minute. Thorns won't
nroduc,a cranes nor thistles figs III tht
people of Maine think the tax laws OF
the State will be reformed according t.
their liking under the auspices of men al
their lives identified with big combina
lions of capital and proceed on that as
sumption, they will surely reap bis
crop of disappointment.
The situation at Augusta next winter
will call for man in the Speaker I
shair identified with neither the
The Portland daily press., 1900-06-16

The DAILY PRESS Is delivered at these rates
every morning to subscribers In all parts Of
Portland, and In westbrook and South Port
land.
MAINE STATE PRESS weekly
by the year, 81 in advance. or ei.26 at the
end OF the year.
For SIX months. so cents; for three months
81 cents
The Portland daily press., 1900-06-16

The presiding justice instructed the
jury, In determining whether the plain
tiff was In the exercise OF ordinary care,
they should weigh all the circumstances
and that the condition OF the plaintiff
must be considered, and that he must use
the degree Of care for a man In his condi-
tion-such a degree OF care as men who
are near sighted, as he was being orii-
narily prudent would use under the same
circumstances.
Held that the Instructions were correct
and exceptions thereto cannot be sus-
tanned.
10 prove that the defendant city had "a
hours notice of the defect which caused
the plaintiffs injury, the plaintiff relied
upon the admission that an alderman of
the city had at least "a hours notice and
that the steam engine and boiler were In
the street and apparently used in hosting
material into the building.
Held, that the jury was justified In
finding that the city had actual notice
that the engine was In the street for the
purpose Of being operated and that such
notice include the common knowledge
that such an engine In Its ordinary and
proper operations would emit steam
thereby producing noise, and, that,
therefore, IL had actual notice Of the de-
feet, which CAUSED the plaintiffs injur-
les.
Motion and exceptions overruled. Judg-
ment upon the verdict.
Lincoln, 81.
Burdick Berry VS.. Walter Ross ct al.
Rescript.
The owners of tow boats are not COM
mon carriers nor insurers Those who
have the management OF such boats are
required to exercise reasonable care and
caution and maratime skill. The tug IL
the dominant mind and will OF the I'D
venture. The master OF the tow has no
voice or volition In the construction OF
the tow or in Its management. IL Is the
duty of the master OF the tug b see that
the tow IL properly constructed and that
the lines are sufficient In quality and In
length and securely fasten: While EN-
ployed in the waters OF the home port OF
the tug her officers are bound TO know
the channel the shoals, the currents and
the state of the tides and all risks and
dangers incident to the employment and
whether In the state Of the wind and
water 1t is safe and proper to come In
with the tow.
Applying the foregoing principles to
the testimony in this case the court Is OF
the opinion that the verdict for the
plaintiff must be sustained.
Upon motion for a new trial by reason
of newly discovered testimony, new
trial will not be granted to permit the
introduction of cumulative testimony.
Motions overruled. Judgement ON the
verdict.
The Portland daily press., 1900-06-16

Admiral Dewey has finally come to the
conclusion that the people do not want
him for President. He says IL was the
politicians that first broached the sub
iect of his candidacy and urged him to
make an announcement Of his willing
ness to accept. The Admiral should be-
ware of politicians in the future. He
has reason to know that they are much
mora dangerous than Spanish guns.
The Portland daily press., 1900-06-16

Nevertheless the fee system must CO.
Portland Advertiser.
1t certainly ought to go and we have no
doubt it will go If the public is thorough
" informed upon the subject. But IL
must be borne in mini that the interests
which profit by these tees will leave no
stone unturned to defeat their extermin-
ATTAIN
The Portland daily press., 1900-06-16

1t is declared by Dewey himself that he
will not accept nomination for Vice
President. That being 80 the Democrats
had better swallow the whole Popuilst
ticle, Bryan and Towne. After guiping
down Bryan little dose like Towne
ought give them no qualms.
The Portland daily press., 1900-06-16

The Ohio Democrats endorse the
Chicago platform and then undertake to
minimize that endorsement by de 9larlng
that other and more important questions
have arisen The Ohio Democrats always
were famous for their skill in lodging.
Their skill in this case will be wasted.
With Bryan as a candidate there can be
no successful lodging of silver.
The Portland daily press., 1900-06-16

A combination of weak mind and VII
famous propensities is frequently at the
bottom of the most diabolical crimes.
Champion case seems to be one OF this
kind. His viIlainous propensities are
certainly patent enough, and his opera
tions subsequent to his crime seem to
mint clearly to a feeble mind.
The Portland daily press., 1900-06-16

The Hartford Times Is very much
stirred up because monitor instead oil a
battleship has been named after Connec-
ticut. 1t Is evidently very easy for some
people to get excited.
The Portland daily press., 1900-06-16

Senator Blackburn favors modification
of the Goebel law. There are no signs
that many Kentucky Democrats agree
with him.
The Portland daily press., 1900-06-16

Patrons OF the PRESS who are leaving town
temporarily may have the addresses OF their
papers changed az often as they may desire BY
notifying the ofiics
The Portland daily press., 1900-06-16

Subscribers whose papers are not delivered
promptly are requested to notify the Office Of
the DAILY PRESS. No VI Exchange street.
Portland Me.
The Portland daily press., 1900-06-16
"KO-NUT'
PURE COCOANUT FAT.

n Il ~ SOSOAtS
. Not a "SubsItuie" for, but a
complete "Superseder" of, lard or
butter for cooking.
The finest, pursst and most health-
ful article fo= cooking Is the product OF q
cocoanut now being sold under the Hade,
mark name OF "kO-NUT." Ths material
Is perfect superseder of butter or lard for
every use TO which those substances were
ever put, and teIng a fruit product OF abso,
Lutte purity, is preferable IN every point OF
comparison. =
IL is more economical than lard,
one-haf or two-thirds as much kO-NUT
is required to do the same work as lard.
In 3 and ID. cans, o. all Grocers. III
your grocer does not keep it. send US your
name aud address, With your erOcer's name.
aud we will send you 32-p2ge cook BOOK
containing receipts and description OF no
Nut.
MCMILLAN a. BRIGHAM CO.,
N. L. Agents.
40, so. 81 and So Chatham Street, Boston
my28MWSattf
New-York tribune., 1900-12-29
TO SETTLE GARNER ESTATE.
GUARDIAN FOR CHILDREN OF SIR WILL
lam GORDON-CUNDnNG, WHO FIG
URED IN BACCARAT SCANDAL.

Peter B. Olney yesterday appointed
guardian ad Iitem for the three infant children
of Sir William Gordon Cumming. in the settle
ment of the estate Of their grandfather. William
L. Garner. wealthy merchant. who was
drowned many years ago. William E Thorne
is the executor of the estate.
Mr.. Garner left three daughters. Florence
Josephine Gordon-Cumming, one of the daugh-
ters lives with her husband. Sir William Cor
don-Cumming, at Altyre. near Ferries Scotland
Their three children, for whom Mr.. Olney is ap
pointed guardian, are Elma six years old; Alex
ander F.. five years old. and Ronaleyn. three
years old.
The other daughters of Mr.. Garner Mar
cellite Thorne de BreteUil, wife of Marquis
Henri Charles Breteuil. living at No. 21 Rue
dAlma. Paris. and Edith Marian de Moltke-
HeuitfeId wife of Count Leon de Moltke-H -Heuit
field, living at No. 21 Rue de Reud. Paris.
William B. Hornblower is the attorney for the
Gordon Cumming children. Coudert Brothers are
looking after the interests of the Heuitfelds
Nathan S. Smith is the counsel for William E
Thorne.
In speaking about the appointment of Peter B.
Olney as guardian ad Iitem. member of the
firm of Coudert Brothers said last night that
the action was friendly one. He added that
w L. Garner father of the wife of Sir William
Gordon Cumming was engaged in many busi-
ness enterprises at the time of his death. which
occurred in 1876. In the last four years pro-
ceedings have been begun for an adjustment of
the affairs of the estate of Mr. Garner prior to
distribution of the estate. These proceedings
were begun with the consent of the persons who
will share In this distribution There has been
no dispute among the heirs over the coming
settlement, and unusual actions have been
instituted for the carrying out of the provisions
of the will.
The estimated value of the estate is about
S3000000 Mr. Olney was appointed guardian
ad litem so that the interests of the three in
FAINT children of Sir William Gordon Cumming
could be properly conserved in the distribution
w. L. Garner was at one time vice president
of the New York Yacht Club. He with his wife,
his wife's brother, Frost Thorne, and Miss Adele
Hunter were drowned by the capsizing of the
yacht Mohawk on July 90 1876 He owned cot
ton factories at CohOes Haverstraw, Rochester,
wappingers Falls and Reading, Penn. His
wife was Miss MarceIlite NJ. ThOrne, of New
Orleans.
Sir William Gordon-Cumming married Miss
Garner on June 10, 1891 at Holy Trinity Church
at Chelsea The day prior to his marriage a
jury pronounced him guilty of cheating at bac-
carat at the country home of Arthur Wilson.
the ship owner, at Tranby Croft. The Prince
of Wales was one of the players. The Prince Of
Wales was witness at the trial of Sir William
New-York tribune., 1900-12-29
DE WET HELD BACK.
GUERILLA CHIEF UNABLE TO BREAK
THROUGH TO THE SOUTH.


THROUGH TO THE SOUTH.
Cape Town. Dec. 2S-General De Vets at
tempt to break through to the south has been
frustrated, and he is now reported to be at
Senekal, with a large commando. holding the
country between Ficksburg Senekal and Win
burg.
General Knox is holding the country between
Ladybrand and Winburg
The eastern parties of invading Beers are
being constantly harassed and driven back
toward the Orange River
The Yeomanry who were captured near Brits-
town have been released.
London. Dec 2S-Persistent reports are in
circulation in London and the Continent
that General De Wet has been captured. The
British Chartered South Africa Company re-
ceived this information from source in which
it is accustomed to place implicit confidence
The War Office, however, is without any
firmation of the report.
Johannesburg, Dec. 2S.--The Beers damaged
the Kleinfontein and Chimes Batteries yes
terday.
New-York tribune., 1900-12-29
GERMAN COMMENT ON TREATY.
THINKS THE SENATE SHOWED DISREGARD
OF THE LAW OF NATIONS.

Berlin, Dec. 28-The "Kreuz Zeitung," Con-
servative the chief mouthpiece of the Govern
rnent. whose editorials often prepared by
Government officials, devotes two long articles
to-day TO the Nicaragua Canal controversy, pro-
nouncing the Davis amendment of the Hay
Pauncefote Treaty a slap for England" The
paper goes on to say;
Treaties could not be more recklessy brusned
aside than they have been in this case by the
United States Senate. This disregard or the law
Of nations which had already been manifested
during the peace negotiations with Spain is IN
the highest degree regrettable. 1t is counter
part OF England's treatment or the Boer TS-
publics. -,
President McKiniey's Administration has been
placed IN a highly disagreeable position mas
much as the action Of the Senate Is a grave
provocation to England, and ii is Impossible 10
face the anti-English feeling in the country
The Administration could not thus wound yam
kee pride ,....
II the President adopts the Senate's position,
England VIII have a moral right TO prepare
Fashoda for the United States; but judging
from previous experiences, she VIII not do so;
The present tone of the British press toward
the United States Is in striking contrast with It's
ferocious tone toward France in 1893. England
is not likely 10 play her strongest trumps
against the United States: but, If she were TO
do so she and not the United States would be
the sufferer Fortune is hckle
New-York tribune., 1900-12-29
MANY ARRESTS IN MANILA.
SOME PROMINENT NATIVES TAKEN INTO
CUSTODY UNDER MACARTHURs
PROCLAMATION.

Manila, Dec. 2s-A pushing campaign mas
been carried On by the 10th Infantry during De-
cember in Northern Afindanao. The town OF
Jemeniz was captured, as was also the lhsurseh'
stronghold in the mountains further inland. The
coast town Of Langarin was captured by de-
tacbnent ~ a hundred troops. who scattered
the enemy in that vicinity killing and capturing
several. A portion Of the troops thus engaged
have returned 10 Cagayan and Joined In the
campaign which Brigadier-General kobDe Is
personally prosecuting.
General MacArthurs proclamation Is resulting
in many arrests Of alleged insurTectonists IN
Manila and vicinity. a few Of those taken into
custody being prominent. One prisoner was
shot dead and another wounded IN attempting
70 escape.
New-York tribune., 1900-12-29
NEW EMPEROR OF CHINA ?
EMPRESS DOwAGER SAID TO HAVE AP-
POINTED A SUCCESSOR TO
KWANG So.

London. Dec. 29.-'Private advices from the
Province of Shan-Si say telegraphs the Shang-
hal correspondent of THE Standard" that
while the Court was sojourning at TaiYuen-Fu,
the Empress Dowager secretly appointed new
Emperor, with the title Tung Hsu He is a f1f-
teen-year-old boy who was taken to Sian-Fu
In the Imperial yellow chair This explains the
permission given to Emperor Kwang Su to re-
turn to Peking.
Emperor Kwang su has notified the Reform
party that he is returning to the capital and
will need their assistance"
New-York tribune., 1900-12-29
PROFITABLE EXECUTORS THESE.

THE PULLMAN ESTATE HAS INCREASED SIX
MILLION DOLLARS IN THREE YEARS.
Chicago, Dec.2S (SpeciaD.-The second account
ing of the estate of George NJ. Pullman filed
in the Probate Court to-day by the executors,
Robert T. Lincoln and Norman B. Ream. The
statement shows the receipts and disburse
ments of the estate since the first accounting
was made on January TO- 1899. 1t is said that
the original estate of $9.000.000 which was left
by Mr.. Pullman when he died in October, 1897,
has been increased by the management of the
executors to almost $15000000
New-York tribune., 1900-12-29

Peter l. Grand Duke of Oldenburg. was born July
S 1927 and succeeded to the throne at the death
OF his father February e. 1858. Prince August, the
Grand Dukes eldest son. is the heir-apparent.
The ancient house of Oldenburg which has given
sovereigns to Denmark Scandinavia and Russia.
rs said 10 be descended from Wittekind the cele-
brated leader of the heather Saxons against
Charlemagne.
New-York tribune., 1900-12-29
REPORT FROM Won wALDERsEE

Berlin, Dec. 2S-The War Office has received
the following dispatch from Count Walder-
see:
Peking, Dec. PA column commanded by
Major Won Madai will start tomorrow for San
Ho-Hsien to cooperate with the Grucher ex-
pedition, which left Tien-Tsin December 10 for
-Tien-Tsien.
An American detachment will leave Peking
tomorrow via Hiang-Ho- -Hsien, with the same
object.
The Chinese whc were defeated by the French
December % fled in a southery direction
New-York tribune., 1900-12-29
PORTE'S SOP TO GERMANY.
A TURKISH BATTLEsHIP TO BE REPAIRED
AT KEEL.

Berlin, Dec 2s--The ottomani Government
has contracted for the reconstruction OF the
Ottoman battleship Assar-i-Tewhk at the Ger
mania wharf. Kiel at cost OF f2T0000
THE Cologne Gazette" says that Germany,
in a friendly way. informed the Porte that if the
claims of the United States for damages grow
ing out of the Armenian outrages were granted
Germany would expect similar treatment.
New-York tribune., 1900-12-29
LORD ROBERTS AT GIBRALTAR.

Gibraltar, Dec. 2S.-The steamer Canada, with
Lord Roberts on board, arrived here from South
Africa to-day. The Field Marshal landed at
neon and received a great welcome. The Canada
will resume her voyage tonight.
New-York tribune., 1900-12-29
THE DANISH WEST INDIES.
ANOTHER PROPOSITION FOR THEIR SALE
SAID TO BE READY

London, Dec 29-''The American and Danish
governments are engaged in direct negotiations
for the sale of the Danish West indies" says
the Copenhagen correspondent of 'The Daily
Mail" land the Danish Minister in Washington
will shortly submit proposal for the considera-
ton Of the American Senate"