davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-03-13
TEL. MAIN 7S4.

$3.50 for and onehaf months at $4,000 month living
penses in Honolulu while out of employment.
The trial IN its charge, while specifically referring
these three items proceeded the theory and in effect in
struced the jury that they proper elements of dam
age should be included in the verdict and this for the
purposes of these exceptions be considered the law of the
The only possible explanation of the in the verdict
the jury included in the award either the whole por
of the 1915 referred but whether they included only
$751; of that and found that the plaintiff had used due dill
genc included the whole 1919 and then deducted $SS from
for money which the plaintiff might have earned
finding lack of due digenccwe unable ascertain
Either possible the evidence If should per
NIT emittr result in the overrulng of the
cepto would in effect be declaring that the jury found
should have found that the plaintiff did due diligence and
that they awarded only $751; of the illegal emsn other
words, might be substituting Judgment for that of the
Jury Under these the not be cured by
a remittitur for that amount.
trial will be ordered unless the plaintiff RENTS the fur
Their sum $685. which, if he does so will eliminate from the
verdict all possible allowance of portion of the illegal items
of 1915.
". o. Smith and r. ID. Mead for plaintiff
Kinney, Balou q NcCtanahan for defendant
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-03-13

efforts to find other employment during the unexpred term
cred by the agreement avoid unnecessary damages
himself by reason of such discharge.
We are of the opinion that the charge whole correctly
stated the law the subject under consideration While
the duty of the plaintiff due diligence in searching for
other employment order avoid unnecessary damage the pre-
sumption in this case between himself and the defendant
which had wronguy discharged him its employ that
he had used due diligence and that he had been guilty of
negligence The burden the defendant if contended
in mitigation of damages that there negligence his part
resulting in the failure obtain employment which could other
wise have been obtained prove such negligence That
affirmative defense and the elementary rule such places
the burden of sustaining the party alleging it. See Barker
Kickerbocker life ms Co., "a Wis. 636; King Sere,
A Pa St 1o5; Cosgan Ry Co., DEMO 615, GIG; ellis
a. Space 90 Barb 161; Sutherland Damages 473, IA
GrnIf. Ev. Section POI (a).
rhere evidence sufficient sustain finding that the
of hiring defendant had
wrongully discharged the plainf,sufcent therefore,
sustain verdict in favor of the plaintiff for damages
The of six hundred dollars named in the verdict
however, clearly 1t is agreed by counsel that the
evidence showed that the under the stpuaons
of the agreement for the mexpred portion was
$1269 and that the total of what the plaintiff other
employmen during that period 1856 The maxmm them
which the jury could properly have awarded the plaintiff
ing that they found that he had used due diligence searching
for other employment the of $413 The plaintiffs
sci recognize that the verdict returned cannot be s
taned and ask leave file remitti for the excess of
$1S7OO
Defendant objects the filing of the remtttu the ground
that it late do We think that the objection is
not well founded and that remur may be filed well in the
appellate during the tendency of the appeal
Hansen Boyd 16 T. S. All. The leave asked for
granted.
Is the filing of such remitr sufficient avoid the granting
of ria We think The evidence adduced such
would sustain finding by the jury that the plaintiff had
used due diligence eneayong find employment elsewhere
and daowance of the of $SS hereinafter referred
money which he might have earned by the exercise of such dill
gence Evidence introduced by the plaintiff without obec
ton tending show that the plaintiff had expended the of
1926 90 for coming Honolulu the
performance the contract $4,000 trip San Francisco
and search of employment and the further of
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-03-13

Smith, Mrs Emma
Stillman, Mrs o
Smith, Mrs Sydney
Smith, Miss A p
Smithies, Miss Alice
90
Spencer, Mrs Nell
lie w =
Scroggy, Mrs A d
Spencer, Mrs Nell
lie w
Toris, Mrs
Tillander, Mrs Jul
liza (2)
Turner, Mrs Mary
Vaterson, Mrs ] c
Vailln, Mrs
Neirce, Miss Hat
tie G
Varmenter, Mrs (2)
Vaterson, Mrs J c
Watson, e Louise
Watkins, Msr Nor
man
Wilcox, Miss Eta
Wilkinson, Mrs
Winter, Mrs ] w
Webb, Mrs
Winkler, Mrs o
Williams, Mrs E A
Wilcox, Mrs May
Zerbe, Miss Emma
Young Mrs w F
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-03-13

l
DECEMBER TERM 1900
CHARLES E. BARTLETT 4. THE HAWAIIAN CAR
RAGE MANUFACTURING COMPANY.
EXCEPTIONS FROM CIRCUIT COURT FIRST CIRCUIT
SUBMITTED JANUARY s. 1901 DECIDED MARCH l. 1901
FREAR, CD, GALBRA1rH PERRY u
action for for the wrongful discharge of the plaintiff
% III 6age efk 9d dos during the
may appellate during the
permitted the granting s Of }d new fs
that Of the jury on questions arising upon
OPINION OF THE COURT BY PERRY,
Plaintiff brought action in the Circuit Court OF the FIRST
Circuit wherein he alleged that the defendant entered INTO an
agreement himself whereby plaintiff to work IN stated
employment for defendant in this city for the term OF one year
commencing with third day of April 1899 at an agreed rate
Of compensation and the defendant the sixth day OF
May A. D. 1892 wrongully discharged him from his employ
The in the declaration for the OF one thousand
dollars for damages sustained in consequence of sad alleged
wrongful discharge The tried before jury ana
rendered in favor the plaintiff for the sum OF SIX nun
bred dollars A motion for trial was made ana oVerfueo'
The case comes to three exceptions: O TO tnat
Portion the charge of the presiding Judge wherein the "
he burden of proof ON the defendant cor
oaon 10 show that plaintiff might have obtained other en-
ment in order reduce the damages if the plaintiff entto
recver (2) to the verdict the ground that 1t was con-
rv 70 tho law and to the evidence and to the weight OF the
evidence and (3) to the overrulng of the motion Tor ne"
@ which motion was based the second ground above stated
and the further ground that the damages awarded IN the YER
dict excessive
The trial court in addition giving the instruction excepted
charged the jury that if they found that the panh was en-
titled recover the of damages would be the amount
of the wages the specified in the agreement from W oe
the discharge to the end of the agreed time OF service less ne
total amount which the plaintiff earned or by the use OF reason
able effort and diligence could have earned during that perod
that ba lanf was bound to use all reasonable means and
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-03-13
MetalOfffiiCe
I urniture
VAULT FITTINGS AND GENERAL
OFFICE DEVICES.

We are the agents for and are prepared to make
estimates and quote prices on all kinds of metal of
fee fixtures and devices.
These devices all constructed of the finest Sc
ected stock picked and cold rolled STEEL finished in
an elegant and ornate manner hand rubbed enamel
of any desired color.
This furniture is rapidly replacing wood for Gov
eminent Records, Banks, and General Office use.
Among the points of superiority are Security from
Fire and consequent protection of papers and doucu
ments. Saving IN space as compared with wood devil
ces. Impervious to weather changes no warped or
stuck drawers) Proof against INSECT RAVAGES.
While abso ut9ly any style of device or fixture is
manufactured Among these in more common use
are,
SLIDING SHELLY ES.
FILES CARD INDEX FILING
VAULT OAINIBUssES. CASES
BOOK CASES. LETTER FILING CASES
DESKS, TABLES, STALLS
COUNTERS, ETC CASES.
Let us Submit You Estimates.
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1901-12-09
We ARE
COMING!

~HRISTrlAS PLANNING
Ahas already begun
only three weeks away.
Il will be heress before you
know.it. Now we Shave: or
dered the largest and most
compIetel'stoc Oft @z'-
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1901-12-09
From a Hotel Landlord.

Dear Sirs:-I had no faith in testl-
monials or advertised medicines until
/ took DIR. Caldwells Syrup Pepsin,
my attention being called TO 10 by a
letter from some one who had been
cured OF what he called chronic con-
stipation, and / began taking 1t FOR
NV case. Ii any one who reads this
has Constipation or Stomach Trouble,
/ earnestly recommend DR.. Caldwell's
Syrup Pepsin. MY own experience
and complete cure prompts me 70
promise that you will find IL VIII DO
all that is claimed for 1t. Resp,
l.. O. GURNER,
Prop. Hotel Paris, Dubuque, Iowa.
Sold by Peoples Drug Store dw
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1901-12-09
g~IChristn1as
Novelties

ever brought.to this city; they
will bes here in a few days
and if YOU want to favor your
friends with a gift that will be
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1901-12-09
NE VS. TERRITORIAL.
The Days Happenings in the Twin
Territories.
OKLAHOMA MUST WAIT.

Horace Speed. attorney general
of Oklahoma has returned from
Washington, where he had con-
ference on affairs political with
President Roosevelt. Incident
ally he received tip on the state
hood question that caused him to
unbosom himself of the following:
'There is no possibility of get
ting a bill passed for statehood for
Oklahoma alone, without reference
to the Indian territory, and there
is no possibility Of getting through
a bill for statehood for Oklahoma
and Indian territory. And at the
present time a considerable part
will unquestionably object, and
any attempt to force the passage
of bill against their objections
would result in their never being
contented or Satisfied in statehood,
and such a bill can not 60 through.
If a bill is passed this spring, as
now seems possible, statehood will
not be accomplished for about two
years. A bill to succeed must pro.
vide that the state line shall in
clude such parts of Indian terri
tory as the people express, in
some proper way, their assent to
be made part of the state"
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1901-12-09

GRIMES HOLDS UP HIS HAND.
A shadow from the Oklahoma
insane asylum scandal has fallen
upon territorial secretary Grimes,
which has created sinking feel
ing in the secretarial bosom. AS a
consequence he has taken time by
the forninst lock and given tongue
to the following: 81 never at any
time owned any interest, directly
or indirectly. in the stock, prop
erty or privileges OF the Oklahoma
Sanitarium company; | never par
ticipated, directly or indirectly, in
securing the contract, nor have l
in any way received any portion
of its earnings or been benefited
by reason of its having been let to
the sanitarium company or any of
its members"
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1901-12-09
HAMMERS OUT FOR HAMMER.

HAMMERS OUT FOR HAMMER.
Within the next week President
Roosevelt will name the United
States Marshal fer the northern
and southern districts. Some op-
position has developed to the re-
appointment of Leo K. Bennett, in
the northern district, but he is
picked as the winner. Capt. Ham,
mer is not so sure of his job.
There is danger that he will be
"rough-ridered" by Ben Colbert of
Tishomingo. Both Bennett and
Hammer personally are efficient
officers, and the only value in a
change would be in the deputy
marshals. Bennett could change
the personnel of his staff IN several
instances by substituting wooden
Indians, and the service would
not deteriorate from its present
standard. If he would cut out
petty politicians and put in officers,
he would have the unanimous sup
port of his district.
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1901-12-09
forward toward the tepees of the
Creeks.
HIS FRIEND, THE INDIAN.

HIS FRIEND, THE INDIAN.
Charley Curtis is building his
road to the United States Senate,
via the Indian Territory. In ex'
change for local influence he is
promising "pie," which has a Pc
culiar charm for the Kansas appe-
tlte. He is posing as a galvanized
full blood, with a Harveyized cinch
on his fellow braves when it comes
to getting gifts. Such little induce
M ents as coal and oil leases are
being displayed as his wares that
he is willing to exchange for ward
votes, and as a consequence he is
heralded as a hands down winner.
The third Kansas district, which
is inhabitable, owing to its lines
merging with the soil of the Terri
tory, is reported solid for Charles.
All household goods are packed in
anticipation of the exodus that will
follow the day when Charley
cashes those promises.
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1901-12-09

"Our little daughter had an almost
fatal attack OF .whooping cough and
bronchitis" !" writes Mrs. w. X. Havi-
land, of Armonk, N. Y, "but when
ali other remedies failed. we saved her
life with Dr. Kings New Discovery
Our niece who had Consumption In an
advanced stage, also used this wonder
full medicine aud today she Is perfect.
Iy we'll" Desperate throat and lung
diseases yield to DR.. Kings New Dis
coverY as to no other medicine on
earth. Infallible for Coughs and Colds.
SOC and sl.O0 bottles guaranteed by
the Peoples drug store and A. W.
Foreman. Trial bottles free.
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1901-12-09
NEW DEPOT IN SIGHT.
vIce-President Allen, of the Katy
Says IL Is Coming.

A letter from Secretary Parker
of the Commercial club, renewing
the complaint Of the business
men against the inadequate depot
facilities of the Katy, has brought
the following response from Vice
President Allen:
Mr.. l.. +. PARKER, JR.,
Secretary Commercial Club
Vinita, Indian Territory
Dear Sir-I am In receipt OF your
favor OF the 25th ult., and In reply
have to advise that we appreciate the
situation in Vinita, and it will not be
long before action will be taken
which we think will be satisfactory
to your citizens. A. A. ALLEN,
Vice-Pres. and Gen. Mgr.
The reply of Mr.. Allen indicates
that the previous communications
from the club have been consid-
cred and it is thought that an ad
equate and ornate building will be
erected in the near future, in place
of the present miserable shanty.
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1901-12-09
HOTEL ARRIVALS.
Territory Visitors and Where They
Are DomIciled.
COBB HOUSE.

COBB HOUSE.
IN Ury. Muskogec; w S Sutherland
and John Mcintosh, Chelsea; G w
Nickerbocker, Tulsa; Bill Shipley, J
p Sudderth, Joe Reed, J A Tillotson,
] w Brown, Geo Captain, Nowatai
jew Bland, Red Fork: j b Belford,
Tulsa: ] L Sherman, Pryor Creek
Frank Butcher, J w Wilson, Bartlets
vile.
GREEN HOTEL.
CIV Warfnrd, Chelsea: VIM Ram
pendall. Muskogee; w Bishop, Chel-
sea: f G Seamon, II A Thompson,
Tulsa: Fair McSpadden, Chelsea.
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1901-12-09
CRAZY SNAKE IN WASHINGTON

c RAzY SNAKE IN WASHINGTON.
Crazy Snake. the Creek, who
chases himself occasionally and
thereby pays the board bills Of
space scribblers, is in Washington
and has been promised an inter
view with the President. Teddy
has anticipated his snakelets by
having his scalp hem-slitched and
will meet him in the ordnance
room of the executive domicile
today. AS snake charmer Teddy
is expected 10 be a winner in a
wriggle. The demands Of Crazy
Snake are that the government be
turned back some three quarters
of q century and peg be driven
70 insure that it never again clip
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1901-12-09

Miss Minnie Carrico has a position
at Foreman's drug store, assuming
her new duties this morning.
The Brunswick times-call., 1901-01-23

was on the rear coach, and mus. have
been leaning from the platform. The
train was under ~ speed and the 'ane
struck Mr.. Brock, knocking him of the
train. From the bruiaes it locked ~
If be must have struck his head On he
end of the crssstiss a. his sc.ll, Just
back OF the car. was badly mashed aud
he received several other ugly bruises
about the head.
The train was stopped and Mr., Brock
was brought was brought to this city
and taken to his home, Sl5 B street,
where medical aid was SUNNI ned . He
lived until 6 90 yesterday afternoon,
but was not conscious from the time OF
the acciden. until his death.
Mr.. Brock has been runring as bag
gage master on the Sou hern rail way
for long time, and enjoyed the c)nf
dsuce Of his employees and the public
generally. He was on the train at the
time Conductor Latin r was killed. and
was one OF the main witnesses in the
Trial. He leaves a wife, four small
The Brunswick times-call., 1901-01-23

ST. NARK'S CHURCH SOC. ABLE.
Al in st. Marks chu,ch are cordi-
ally invited to attend the sociabls TO bs
held at the parish h0use (next to tho
churob) tonight at O'clock. Stereop-
ticon pictures, music and rerres b me q tr,
form the entsrtainment, which will be
free of all charge.
The Brunswick times-call., 1901-01-23
CONVENTION WILL
LAST TWO DAYS
The REVISED PROGRAM
BrObSt0l Suggests a Per-
nalGlt Organization
Judge Allen Fort Heads Ameri
Gus Delegation
Enthusiasm

The B. & B. Convention is boomjsg.
All yesterday, until late at night. tel
egrams were being resolved bJ the In-
vitation committee from various cities
il Georgia and Alabama, stating that
delegations would be sent to present
the advantages of their. respective 10
salities.
A strong delegation from Rochelle
Nesirs. J. L. Boynton, j. F King,
Max q. Land and G.. F. Nasworthy.
aud Judge Allen Fort, of Americus,-
arrived last night. Many other dsles
cations will arrive this morning. The
convention is assuming such propor>
tioGs that 1t will bs almost impossible
for each delegation to satisfactorily
present its claims in one day, and it is
probable that there will be an sdjeurn-
msnt until Friday. rhs committee On
invitations on yesterday sent tel.-
grams TO the various chairmen OF dele
CATIONS asking them, il possible, to
esma prepared to remain oyer Friday.
The entire oouatry, fran B.unswisk
to Birmingham, 10 thoroughly en-
thussd over the convention and its
possible results ia tbs matter Of ths
determination Of the line, and 10 Co.'S
sequence, almost sv.ry militia distrist
i. each county, a. Well a. tho towns
and oities, will be repre,entsd by
prominent asd 10 Il uentiAl citizens.
The Board of Trade held q busy
meeting on yesterday. Col. Machen
WAS unanimously elected a member,
and was escorted to the ROOM by
special committee. He WAS rOuDdly
applauded, and made a happy speech.
Reports were received from all the
committees in charge Of the srrange>
ments for the convention. It was de-
cided to hold the session in the Grand
OPERA house as the city hall will not
conveniently accommodate the large
number Of delegates who will be pres
ent, Manager Wolfe having kindly
rendered the use of the opera house.
The committee on accommodations
for guests, reported that the citizens
generally were responding fsvoraby.
The Brunswick times-call., 1901-01-23
AT THE GRAND.

"a Young Wife" was the bill last
night. The play wss well tagged, and
the performance OF came as whole
was very good. Frank Tsnnehill, Jr.,
as "HoFace Greenage Dobblns, just
from the country" captured the hons
ors of the evening. Etterlyn Palmer
in the title roll, did some very fine
work in the leading emotional sitGa-
tions, and she and Frank Tannehi'l,
Jf., we're rewarded with tbr e curtain
calls az the end Of the second act. The
balance o! the cast was good.
The Brunswick times-call., 1901-01-23
FUNERAL NOTICE

To the Members OF. .Rathbone l. dge
No. As. K. OF P: You are hereby com
manded to meet at Caste Hall, this
(Wednes sy) afternoon at O'Clock to
attend in body the funeral iof Brother
VIM. Brock. Members OF sister lodges
and visiting brothers are specially in
vted. MAX Isaac, G. G.
l. LUDWIG, K. Of r. ard s,
The Brunswick times-call., 1901-01-23
MISS GORDON'S RECITAL.
Co. Machen to Compliment the 3, &
B Convention With Tic. els.

Tickets for the Recital Of Miss Cor
don will be put On sale this morning
at Butts Dug S ore.
AS compliment to MIss Gordon
Col. Machen and The local committee
on entertainment will present tickets
% the Recital to all those In attendance
The Brunswick times-call., 1901-01-23

London, Jan. ~ The Prince of
Wales will take the oath as King Ed
ward VII, tomorrow. 1t has been
d cided TO advise Edward that q gem
eral parliamentary election was un-
necessary on aecouR. OF change in
sovereignty. Both houses of parlia.
ment will meet tomorrow.
The Brunswick times-call., 1901-01-23
WARREN LEI AND DEAD.

An Associated Press dispatch 10 yes
terday's papers announced the death
of Warren Island, Jr., which occurred
in New York, at the Hotel Grenoble,
of which he was proprietor. Mr.. LIE
land had long been a sufferer from
Bright's disease.
The Brunswick times-call., 1901-01-23
DELEGATIONS ARE
ALREADY COMING

ed fjr one osy session buJ the re
of the Convention sVelled 90 such pro-
portions that it is cow manifest il
viii! be Impossible To conclude in one
dsy. Therefore Chairman Brobstou
yesterday wired sIl delegations tn try
ami CONS prepared fer q tive d Us
session.
Al the lay & Of fl s. rail ceremonies
it is understood that Col. z. G. Maohen,
President OF the road VIII drive the
first sp'ke and acting Mayor da Bignon
the se,ond spike while the Mayor of
Birmingham or his preventative will
drive the the third while each visiting
mayor wilt in turn drive a spike and
then eaoh delegate viii, be expected to
take hard in getting the work
sfartad.
The ladies and citizens generally are
expected to turn ont ard witness the
imposing spectacle.
Photographer Winston has arranged
to take series of pictures for souvan-
iers of the coca sion.
Mr. Eawin Brobston suggested last
night that permanent organizations
OF the convention ought to be perfected
and meeting be held each year at
some poiBt along the line for the DUR
roS of promo oting good feeling and to
The Brunswick times-call., 1901-01-23
EVERYBODY DECORATE.

By the united effort uf our people convention of
representative citizens along The proposed route of the
Brunswick and Birmingham railroad will convene in this
city tomorrow Ghursday) the 24thinst As token
of welcome to distinguish ed guests it is earnestly
requested that all citizens will appropriately decorate
as much as possible their places of business and
homes with bunting flags and other decorations for
the above OCCASION j. E. du BIeNoN,
FRANK D. AIKEN, Acting Mayor
Prest Brunswick Board of Trade