davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-02-27
} O o o 0 o O o o O o o
THE NEW NORTH DA- O
! K0TA CODE n

o KOTA CODE. O
o 1t is a book of over 1000 o
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Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-02-27
Officers OF Burleigh County.

Sheriff .......... .......... H. P. Rogue
Treasurer VIM. Falconer
auditor :....-......... w. S. Moorhouse
County Judge ..... John Fort
Clerk Of Court ............ Walter Shelton
states Attorney ......s....... 3. s.. Allen
Register Of Deeds -. Chas. AZ. johnson
Coroner John White
Superintendent Schools 80. Fannie Dunn
Surveyor ........... -. y John Harold
ghysiclan ........-....s Ct. Matehan
County Conmissioners-George WEIGH. {.
w. johnson, SWEET.
County Board of Healfh-Dr. w. G.
Matchan. =. s. Pierce, r. s. Allen.
Insanity Board-J. Il. Fort, DR., n. "a.
Matchan, H.. s. Allen.
County Justices--Edgar Tibbiis, Oscar Fl.
.E Will, E. {. Pierce.
County Constables--Frank Donnelly, M. ST.
Mckenzie, D. C. McI4ean, Jacob j. Lamb.
sThe election was q tie. In drawing
lots Mr.. Johnson holds the Office the first
yea. OF the term and Mr.. Fortune holds
during 1902.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-02-27
Congressional

sbrongh, Devils Lake, ~. d; Porter J.
McCumber, Wahpeton. N. d.
Representative In Congress-B. F.. Spaid-
ing Fargo, NJ. D.. r. Marshall,
Cakes, N. D., after March s, 1901.t
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-02-27

WOMAN'S RELIEF CORPS.
Meets second and fourth Fridays of each
month at G. A.. r. hall. Florence Ward,
President; Emma B. Falconer. Secretary.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-02-27
DECREE OF HONOR.

Capital Lodge No. 16. Meets every Sec
ond and fourth Tuesdays Of each month at
Workman hall in the Baker block at 8 p.
m. Mrs. William Laist, C. of H; Mrs.
John c. Richie, Recorder Keeper.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-02-27
I. o. O. F.

Capital City Lodge No. 2-Meets every Friday
at Workman hall at 8 o'clock p. m. c. L. Han
sen, N. G.; Harry Lee, Secretary.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-02-27

Bismarck Hive No. 2Ladies of the Mac
cabees meet first and third Mondays in
each month ut A. o. U. W. hall in the
Baker Block. Florence M. Hoskins, Lady
Commander. Frances Marcellus, Record
Keeper.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-02-27
OF

St. Elmo Lodge. No. 4. Meets evera
Wednesday evening at Workmen hall
Baker Block. R. l.. Best, c.. c. John
Bostrom, K. Of r. & S.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-02-27

Tancred ~Commandery, knights Templar
No. /. Meets third Thursday In eaci
month at Masonic hall, Dakota Block
Recorder.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-02-27
SECRET SOCIETIES.
MASONIC.


Bismarck Lodge, A. F. & A. M. No.. s.
Meets first and third. Mondays In each
month at Masonic hall. A. T.. Patterson,
W. M. W. F. Cochrane, Secretary.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-02-27

Bismarck Chapter. No. II, .. E, s. Meets
first and third Fridays IN each month at
Masonic hall, Dakota Block. Matilda
Edick, W. M. Minnie B. Davidson, Sec
rotary.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-02-27

ANCIENT ORDER UNITED WORKMEN
Bismarck Lodge, No. 12O. Meets the
first and tnird Tuesday evenings of each
month ut their hall in the Baker Block at
8 o'clock. M. J. Mckenzie, M. W.; c. E.
Murrell, Recorder.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-02-27
Merchants

SHOULD IN
THE WEEKLY TRIBUNE
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-02-27

e.. H. WALKER. @a
Traffic Manager,
Bismarck. N. D.
EDWIN {. WASHBURN,
General Manager, Bismarck. N. D.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-02-27

These ire the most remarkable clubbing offers ever made by the Tribune
If the Daily Tribune is wanted instead If the weekly add SOO. if a new
subscriber, add $500 for a renewal to the clubbing offers above.
Address THE TRIBUNE,
Bismarck, \. D.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-06-21

specially pleaded need be decided There special
plea in this
The unlqudated damages sought be proved the
bar alleged damages resulting from the wu and negl
gent failure the performance by the plaintiff
sued This proper subject for recoupmen The
fact that the pleader mscaled it eto in his pleading does
not affect the right ut is the facts alleged which constitute
the defense and whether the party calls by the right
not material, Springer .. D0yer so n. Y.,p %.
The alleges that by the contract the plaintiff agreed
complete the buildings of sxt-four thousand of
lumber and that defendant believes that than that
amount used while plaintiff claims that niheysx thousand
feet used in the buildings that the plaintiff wlfuy and
neggenty destroyed permitted be destroyed and direct
ed to be destroyed many thousand feet of lumber by wasting
and cutting up mbers and boards of greater lengths than
necessary be cut intending up by such
conduct many thousand feet of lumber wrongfu pos
be that he might thereby obtain wages for having placed
lumber by many thousand feet for the buildings than
necessary thereby injury the defendant of
than 100000 'The doctrine (of recoupment smay be
summarly stated In action upon contract either
iquidated uniqudated damages debt the defendant
might way Of defense and recoup damages suffered by
himself from any breach by the plaintiff of the contract
it subsequently settled that fraud
say element and that any breach by the plaintiff of the
which he makes the basis of his action would admit
defense of recoupment" X 80 "Recoupment was, how
ever used solely defene it could than defeat the
plaintiffs recovery though the defendants damages should
exceed those proved by the plaintiff he could have judgment
for the surplus Pomeroy Remedies and Remedial Rights
Sec 731
The defendant should hare been permitted introduce the
testimony offered It within its right establish the dam
ages claimed.
trial of the will be necessary. The alleged
referred the other exceptions may another trial
and for that reason thew will not be- considered now
Exceptions sustained and trial ordered.
Smith d Parsons for plaintiff.
Wise Dc Nickeus for defendant
In THE SUPREME COURT OF THE TERRITORY OF
MARCH TERM 1901.
ROBERT GILLESPIE q. ROBERT McBRYDE.
EXCEPTIONS FROM C1Rourr CoURr FOURTH C1Rcurr
suBA1rTED MARCH 10, 1901 DECIDED JUNE 49, 1901.
FREAR, CD, GAIBRA1rH AND PERRY JJ
Objections charge jury taken
before retire
present to appellate
Errors complained Of be clearly forth
and be prejudica the excepting
OPINION GALBRAITH ].
The plaintiff filed action in the Circuit Court of the
Fourth Circuit for damages resulting from breach of
The tried jury and verdict
plaintiff The defendant this exceptions.
During the of the trial certain exceptions
the ruling of the admitting and excluding testimony
1t sought to have these rulings well the of
the instructions of the to the the law of the
reviewed by this
1t IS objected by the appellee that question of law pre-
ented by the bill of exceptions and that the has nothing
to the nsuency of the bill of exceptions and
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-06-21

Inc
plaintiff The defendant this exceptions
During the progress of the trial exceptions
the ruling of the in admitting and excluding testimony
1t sought have these rulings well the of
reviewed by this court
1t is objected by the appellee that question law pre-
send by the bill of exceptions and that has nothing
to except the nsucency of the bill of exceptions
to order the same dismissed.
1t IS conended that it does not appear that exception
taken saved the charge the the the
jury The Supreme Court of the kingdom said this points
I'VE cannot find either by the bill of exceptions the
that any exception taken the given to the
jury by the court which be done before left
to the jury Consequently there exception taken the
law charged by the and the law stand as gven
and the verdict that given accordingly Kanaloa
MIL Co., Haw 54S We understand that this rule has never
been modified overrued and still full force and vgor in
this jurisdiction In this the bill shows that exceptions
taken certain instructions of the the Jury bur
does show when they taken they taken
before the jury retired they could be considered IF the
presumption is from the trial courts allowance of the eScep-
hon that they taken the proper time still do
ind that there But little reference made these
exceptions bycoun their brief and argument and those
which reference made in opinion neg well taken
Thoseo which reference made do feel called upon
to consider
1t further insisted that all of the evidence be made
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-06-21

The defendant then testified that at about the ume
fosterfathers death Ane Pakaan who defendants
told him that she had taken the boy to raise hin, tha
going to do for him as she would for her own GNU @
there should be expense charge therefor 'A 4
she to defendant and said she had been 1orceu
band to bring this suit and admitted that she had no ~
charge for the keeping of the boy, and recalled n'
conversation with the defendant on the suplec" -
counsel objected to the admission Of any such 'esun
the objection was sustained and exception taheH
dence was not stricken out nor the jury nstrnc
regard it. They were instructed that "an miami 49,
reasonable value for necessares furnished him. @"
The plaintiff proved merely the fact OF maln'Sn42
that the guardian or the ward had requested II OF
qured by the neglect or unwilingness Of the guafdu
tain the child Let us assume for the purposes o. -
mere proof of maintenance, without proof Oh 'ODD
quest or of necessity is sufficient to make Out
case, that is, that contract to pay IS implied Nv.
fact of maintenance This is at most only l'''' j.
sumption. 1t would be competent to rebut SUCH >,
proof that the person who maintained the emu J..
tuitously This the defendant desired to show O' nj
refused to allow it. 1t is true that what he ~Sn I'D
examination of Ane Pakalani did not go 10 ~
showing that she made her statements to the delep
one clothed with authority to contract WITH ,hs
child but it did go to destroy her own case BY
took and supported the child gratuitously IL vs." J@7
to show contract not to charge It was suffice"
there was contract express or implied, to pay
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-05-06

JACKSONVILLE, Fla, May 5.-The
following was issued to-day by Secre-
tary Leidy and others of l. T. U. No.
49,:
40 the Members of the international
Typographical Union:
THE appalling disaster that has be-
fallen Jacksonville has not failed to
claim its share of victims among our
craftsmen. Our membership is fifty
five, and of this number one-half are
made homeless. Because of the burn
ing of job Offices some of our members
will Zoe compelled to leave the city and
seek employment elsewhere. Among
those who will remain many have lost
everything. The loss to our members
will reach S12 600 or $15, 5000. If one-half
the members OF the International will
contribute IS cents each, the total will
go a long way towards relieving pres
ent distress. We therefore appeal to our
fellow craftsmen throughout the coun-
try to render such assistance as they
may feel able to do. Contributions
should be made payable TO Joe Sherouse,
president, and Charles Leidy, secre-
tary."
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-05-06
CALIFORNIANS

Have Completed Arrangements for
the Reception of the President.
SAN FRANCISCO, May 5.-All pre-
parations for the reception and enter
tainment of President Mckinley and
Governor Nash, of Ohio, with thei. re-
spective parties while in California,
have been completed. A programme
of receptions and side trips to points
of interest has been arranged on such
an extensive scale that it begins to look
as though it will be impossible for the
President to get to all the places at the
time scheduled for the various func-
tions.
Governor Gage and his reception
committee, accompanied by United
States Senator Bard. and the seven
congressman from California, will
leave tomorrow night for Redlands.
Gala, where the Presidential train will
be met Wednesday morning. Cen
James NJ. Gleaves, president of the Ohio
Society and William H. Josdan. vice
president, left tonight over tie Santa
Fe for Needles, where they will meet
Governor Nash and his party and vel
come them.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-05-06
COMMISSION BACK HOME.
Senior LIOrente Says end Under.
standing Has Been Reached.

Senior LIorente Says end Under
standing Has Been Reached.
HAVANA, May 5.--The special COM
mission of the Cuban constitutional
convention, who went to Washington
to obtain a better knowledge of the in
tentions of the United States govern
ment regarding Cuba, arrived here ear
ly this morning. They were met by a
delegation of Cubans and by Colonel
Scott, representing the military COVER
nor.
Senior Llorente said that the commits
sion had held several conferences on
the Havana during the trip and that an
understanding had been reached. He
explained, however, that it would be
necessary to hold another meeting to-
morrow when the report of the commit
tee would be drawn up and call issu-
ed for conference with the other del
egates Tuesday.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-05-06
Anthracite Coal Conditions.

PHILADELPHIA, May 5.-The Led
ger in its coal article to-day says: :.
The anthracite coal trade is enlarg-
ing its shipments to the lake ports
through the opening of navigation. but
elsewhere the business is practically
unchanged. The consuming public is
not taking any more coal than is usual
at this season and the companies are
vigorously curtailing their output. The
increase of ten cents per ton went into
effect May /, and this advance is to be
repeated monthly until September
when the March circular figures will be
restored. The producing companies
have reported their March earnings
showing great increases through the
higher prices of coal when compared
with March 1900 and they regard the
trade as in very satisfactory shape with
an excellent outlook.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-05-06
REFORM IN TUE WEST.
Kansas City Was a Very Tight Pro-
position Yesterday Through
Closed Saloons.
The Law Enforcement League Held
Mass Meeting and Commended
the Authorfties-The Sunday Clos
ing Orders in Omaha Were Close
ly Observed-Two Arrests Made.

KANSAS CITY, Mo-, May 5.-Sa
looms in Kansas City were closed tight
to-day, the first time in six years. But
one arrest for failure to respect Mayor
Reeds order, was maze and one of the
quietest days for long time was the
result. Saloonkeepers spent an active
day however, circulating petitions to
the mayor and police commissioners,
giving their side of the question, and
requesting a resumption of the old re-
gime. A mass meeting under the aus
pices of the Law Enforcement League,
attended by five hundred men, was held
and strong resolutions commencing
the mayor and police commissioners
for their action were adopted. 1t was
determined to keep up the agitation for
Sunday closing and committee was
appointed to secure evidence against
saloonkeepers who may fail to observe
the law.
OMAHA, Neb., May 5.-The Sunday
closing orders issued by Mayor Moores
were in most instances observed to-day.
Two saloonkeepers in outlying portions
of the city were arrested for failing to
bolt their side doors and half a dozen
bootblacks were also detected in the
act of disturbing the Sabbath quiet
They We're arrested but were bailed out
by 'fMogie" the so-called king of the
newsboys.
The mayor says he is satisfied with
the operation of the orders which he
laid down, but he has not decided just
how stringent the directions for next
Sunday will be-
The Trocadero theatre remained OPP
en-, but the Orpheum transferred it's
show to Council Bluffs.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-05-06
a LARGE ATTENDANCE
At the First sunday For the Pam
American Exposition

At the First sunday For the Pam
American Exposition.
BUFFALO. n. Y, May 5.--The first
Sunday OF the Pan-Ameriean exposi-
tons Official existence brought out a
good sized crowd Peaceful strolling
along the terrace and the esplanade,
restful sitting on the benches within
hearing of the sacred band concert on
the plaza and uninterrupted sauntering
on the Midway were the few induI-
gences of the Sunday sightseers. The
gates were opened but the buildings
were closed. Guards stood by the doors
of the great exhibit buildings and told
the visitors that no one would be al
lowed to enter. On the Midway two of
the shows opened their doors this
morning and their criers announced
that they were ready for business. They
were promptly notified by the EXPOSE
ton police to close their shows. They
did so under protest and test case
will be tried to decide whether the Mid
way concesgionaires have right to give
their exhibitions on Sunday. The claim
set up by the coneessIonaires is that
their contracts specify that they shall
be allowed to run every day the expo
sition grounds are open to the public.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-05-06
Hunger Satisfied.


JACKSONVILLE, Fla, May 5.-The
hunger of ten thousand homeless peo-
pie was satisfied to-day upon the arrival
of relief trains and boats bringing pro-
visions from neighboring towns. early
this morning a commissary was estab-
lished in. the center of the city and
thousands were fed during the day.
The relief fund is growing hourly,
and every mail brings offers of assist
ance.
To-day an order was promulgated I'M
der martial lazy requiring all merchants
whose stores were spared by the confia-
grafton, to open their doors and sell
to all VINO asked.
che streets have been crowded all
day with shoppers who lost all in the
fire, and many stores wlh remain open
all night.
1t is estimated that 5000 persons have
left he city, and every outgoing train
is crowded with refugees. Five carloads
of tents were received to-day, the prop
erly of the State, which are to be used
by the homeless temporary Another
shipment of terlss is expected from the
government to arrive tomorrow.
Tomorrow morning the Times-Union
ant Citizen will estimate the total prom
erty loss at eleven millions of dol
lars.
these figures are based upon an item
lieu statement furnished by volunteer
committee oil citizens.
Rumors of loss of life are on every
hand tonight, and the river has been
c.osely watched to-day Many persons
have confirmed the report of loss of life
at the Market street wharf Numerous
advertisements appeared in the local
papers asking for aid in searching for
persons who are missing. AS many
have left the city for the Gulf. it is
impossible to ascertain who have been
lost in the Market street pier tragedy.
- NOAahiitSCC VI atIdutdtdHS WAS mere
to-day to deliver 81 600 WORT of provi-
sions, promising another car during the
week. Atlanta also furnished by ex-
press one thousand feet of hose.
Martial law is being rigidly enforced
AM the town is quiet tonight, although
much anxiety prevails because of the
threats said to have been made by the
negroes that they would obtain provi-
slons by force al their first opportunity.
In the eastern portion of the city the
debris is still burning, but no further
outbreak of the flames is anticipated.
As the Atlanta delegation left the
city tonight Chief Joyner. Of that
city's fire department. on banalf of At
lanta, gave 500 to the relief Of the
members of the Jacksonville depart
ment who suffered from the FIRE.
Many other contributions were re-
ceived by to-night's mail Mr.. Flagler,
who gave $1,000 Saturday, offers to du-
plicate his donation by another IS 1000
should it be needed.
Tomorrow morning the citizens
committee will meet to further organ
ize the relief work. Every portion of
the city will be visited and food and
provisions offered wherever there is
suffering. At meeting of the relief
committee to-day, resolution was
adopted, Offering work to every unem-
ployed person in the city. to be paid
for at the rate Of 81 per day and rar
TONS The men win be put to work
clearing away the debris ii tie ruined
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-05-06

TALLAHASSEE, Fla, May 5.-Gov-
ernor Jennings this afternoon received
the following telegram:
EEL PASO, Texas, May s.
THE Governor of Florida tallahassee,
Fla. :
Il have just learned of the calamitous
fire that has swept over the city of
Jacksonville and hasten to express the
deep sympathy, in common with our
country, feel for those who have suf-
fered. The government will do all it
can in the work of relief.
WIN. MCKINLEY.
Governor Jennings acknowledged the
receipt of the Presidents message of
sympathy in the following telegram:
TALLAHASSEE, Fla, May 5, 1901.
ITO Hon. VIM. Mckinley, Ell Paso,
Texas:
We appreciate your sympathy for
the suffering of our people caused by
the Jacksonville conflagration, which is
appalling, and thank you for the aid of
the government so generously rendered
Estimated that over ten thousand are
homeless, and that loss will reach if
teen millions. No lives lost so far as
known. Sufficient funds have been plac-
ed at disposal of relief association to
provide for immediate necessities. Per-
feet order prevails. l beg to extend the
gratitude of the people of Florida to
you. w. S. JENNINGS,
Governor
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-05-06
THE PHILIPPINE ARMY
To BE Reduced to a Total of Forty
Thousand Men.

WASHINGTON, May 5.-after a
careful consideration of the situation in
the Philippines as it exists to-day, the
administration has decided to reduce
the army in the islands to 10000 men,
The opinion prevails here that this
number will be ample for the present
needs of the service in the islands and
If conditions continue to improve in
the satisfactory manner that has been
shown in the past few months, the force
may be reduced still further. The ex-
pectation of the war department is that
all the volunteers now in the Philip
pines will have left the islands by the
end of June. leaving only the regulars