davidaulloa/AmericanStories huggingface dataset:
The Minneapolis journal., 1902-07-03
CALUMET, MICH,

Robert Johnson, Finn, is missing and it
is. feared he met with foul; play. When last
seen he had large sum Of, money on his
person, and it is possible he was murdered.
The Cortell Drilling company is sinking Q
we'll for the Champion Copper company at
water has been analyzed and it is found to
have valuable medicinal properties.-The
Houghton County Street Railway company is
negotiating with Faucet Brothers, Of this
city, for the purchase Of the franchise for a
street railway through the village of Lake
Linden. The Houghton County Street Rail-
way company has secured the necessary
It would be necessary for the proposed ex-
tension from Hancock to Laurium, by the
way of Lake Linden, to pass. All that re-
mains is the franchise owned by Faucet
Brothers, and large sum will be paid for
this, as it precludes any other person build
ing an electric line within the village limits.
MONTGOMERY, MINI.
An article appeared in T h J gu rn a of
July 1 in relation to the Pennington Man
kato extension of the Milwaukee road, where
in the writer twisted the facts. - The line
passes through the corporate limits Of this
city and the station will be on First street,
on the south side of town. =. The new station
east of here, called Lonsdale, Is located on
the T. Wilby farm; in section rs, town liz,
range %, in Rice county, and is by rail
fraction more than nine miles from this place.
The townsite has been plated into lots which
will be sold at public auction on July 16;
Lonsdale is situated about three miles east
of the village Of Wheatland, 21s miles south
east Of the village Of Wesley and 1h miles
northwest Of the village Of Trondjem, and,
no doubt, will be the shipping point for those
places
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-03-19

lumber for various purposes on all parts
of the lot and prepared roads across l.
sufficient to make their cuttings acceS-
sible: thai they cleared two or three dis
tinct places on the lot amounting in tine
aggregate to more than three acres and
cultivated at least an acre and half and
always paid the taxes assessed upon ii.
This evidence relates to the. occupancy
Of a single lot of land with acreage suifi-
cient To make an area Ill rods square
which man could traverse al a walk in
seven minutes. In this respect as well as
in other particulars the case is distin-
guishabie from those cited by defendant.
The jury may have found that the ad-
verse possession set up by the plaintiffs
commenced as early as 1858 under the
authority of Samuel r. Campbell whose
tax deed was recorded in 1860, and was
continued by the family Of Maria under
her deed given in 1865 and recorded in 1859.
1t is immaterial that these deeds were
not operative TO convey valid title A.
though defective. such deeds are ''admis-
Sible to show the origin and give color
of title 10 the possession of the plaintiffs.
! Ii the paper title were sufficient. there
would be no occasion to resort to adverse
possession. Where the title is acquired
! by disseizin under a recorded deed, il is
| of course that the title is defective. Ana
/ If the tenant enters under such recorded
+ deed claiming title, and has visible pos
session of q part OF it such entry would
! be a disseizin of the true owner OF the
whole tract described in his deed.
| Every case must be decided by its ow'
\ peculiar circumstances Giving to the ev,
4 idence tending to support the verdict ali
I it's probative force, we do not feel j1sti-
| fed in saying that the jury were clearly
I wrong in finding that the plaintiffs and
their grantors. the cslmpbells. occupied
| lot - actually. openly notoriously and
| continuously for 4 terra of - consecutive
years before the cutting OF the logs In
4; this case.
Motion overruled.
Judgment on the verdict. <
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-03-19
Heart H.
49,, @
4 Disease

retards the circulation, wcakens
the stomach, deranges digestion,
pollutes the blood, destroys the
nervous force and saps the
vitality Of the whole system.
1t causes pains in the side, pal
pitation, shortness Of breath,
smothering, dropsical swellings,
sinking spells, and frequently
ends all suffering in sudden
death. Why tempt death
when cure is within easy reach:
"My head would get so hot it
seemed to be burning up, while
my feet were like ice. My limbs
would swell and get numb. I
: had to sit in a chair day and
& night for months and my heart
throbbcd and panied me terribly.
! After using three bottles Of DR..
Miles Heart Cure l could do a
good days work"
j. NJ. MACLAY, i
Shinnar. Cfl1ro Do
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-03-19
Outlet Items,

John Merrill, the guide, captured a
20-pound coon, last week.
J. n. Taylor is here from Boston,
looking oyer improvements which are
being made on the Molizigan Club
house. A 12-foot piazza will be put on
three sides of it and other improve
ments made.
MIS-. j. ". Emery is quite sick at
her home, the Lake House.
II. d. Pinkham has put up wind
mill.
]. T. Collins has gone to Portland.
II. 2. Clearwater has greatly i'm
proved his cottage. and filled his ice
house, Friday. with ice 1919 inches
thick.
The Basin. so called. is nearly clear
of ice, but the main pond is frozen
solid except for air holes.
Charles Lent is building stable.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-03-19

State Assessors Otis fIayford, George
Pottle and F. NJ. Simpson were in
session. yesterday. Charles F. Wood
ard Esq, of Bangor, representing the
Canadian Pacific Railway. appeared
before the board in relation to the
method Cf collecting the excise tax
against that corporation. Heretofore
this company has made returns giving
the gross income per mile only on that
part of the system operated in Maine.
instead of the gross income per mile of
the whole system including the Pacific
steamers owned and operated by the
company 1t will be understood that
The other railroads doing business
partly in Maine and partly outside
count the entire traffic of their whole
systems and divide by the number of
miles Of line owned and operated by
them so as to get the gross income per
mile. upon which the excise tax is as
sessed. IT is contended, therefore. that
there should be a uniform rule govern
ing this important matter, and so the
assessment Of the tax Tor this year
will be deferred for two weeks for the
purpose Of allowing the assessors fur
ther time to investigate the subject
In the last report of the railroad com
missicners the returns of the Canadian
Pacific Railway show that the lines OPP
Grated III this State include the follow
ing: From the boundary to Mattawam-
keag, 13i.5 miles; boundary to Houlton,
miles, and from the boundary to
Prcsque Isle. 2?.2 miles, making in all
1867 miles. Besides. the railway leases
the use Of the Maine Central tracks
from MattaWamkeag to Nanceboro, for
which the sum Of $23,S00 is annually
paid. The gross earnings from opera
ton per mile of road is given at
S2047.S1. The total gross earnings from
operation amounted to S47661426 and
the total operating expenses aggre-
gated S5l0,97312. showing a deficit for
the year ending June go 1901, of $112,-
522.0T
The Grand Trunk Railway, a road Of
like nature, running through Canada
and controlling a vast system returns
the gross earnings from operation at
S22. 997. 1861. or S6f39 per mile.
1t will therefore be seen that the Ca
madam Pacific pays taxes on about $500
for its 1861 miles. while the Grand
! Trunk pays on about $4,000 for its 1881
miles. The former paid in 1901 the sum
of $5136.57 and the latter s16,460S9. On
the first $500 per mile of gross earnings
/ no tax is imposed.
The law imposing this excise tax or
railroads as amended by the Legisla-
ture of 1901 contains the following pro-
vision.
When a railroad lies partly within
and partly without the State, or is OPP
Grated as a part of line or system
extending beyond the State. the ia,
shall be equal to the same proportion
Of the gross receipts in the State, a:
herein provided. and its amount shall
be determined as follows: The gros
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-03-19


I began with bottle the first week in
March and it certainly did me 2 great
deal Of good. 1 was so well satisfied
that I purchased another bottle and fol-
lowed the directions, and can say that It
has cured me."-Henry Distin.
A large per cent Of those who are
afflicted with this epidemic, instead Of
getting well as they ought to, will have
chronic catarrh as the result. This ID
almost invariably the case unless Pc
runa is taken as soon as possible after
the grip begins.
Every one who has observed the effect
of Peruna during the last three epidem-
les of la grippe positively knows that
this remedy viii cure it permanently.
The fact is, however, that great null
titude of people will not take Peruna,
and a foundation for chronic catarrh
will be laid.
Even in cases where chronic catarrh
has affected the lungs, and the early
stages of catarrhal consumption have
been developed, Peruna can be relied
upon as prompt and lasting cure. La
grippe and catarrh are at present the
two great enemies of life in the land.
Peruna is Il cure for either.
If you do not derive prompt and satis-
factory results from the use of Peruna.
write at once to Or. Hartman, giving q
full statement of your case and he viii
be pleased to give you his valuable adj
vice gratis.
Address Dr. Hartman, President Of
The Observation-Disclosures Columbus, O,
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-03-19
Lung Kuro stops that tickling in the throat
1T won't be many years." said a

1T won't be many years" said To-
cal grocer yesterday, before all the
grocery stores will be cash stores. The
wholesale trade is gradually shutting
in upon US. We used to be able to
buy beef on time. We have practical
ly no credit at the present time Tea,
coffee and spices used to be sold on
time. 1t is cash, now. The credit
man in business is not in it, We
must collect speedily and customers
can't have a years credit. as they did
formerly. Cash is the slogan, nova
days
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-03-19
Pure Blood

We wish you would ask
your doctor what makes you
SO nervous, why you are so
easily tired, and what makes
your digestion SO weak. See
if he doesn't say, Impure
blood" lie will probably
speak about Ayers Sarsapa-
ciila, toe.
"For two years suffered greatly
from dyspepsia and depression Of
spirits. / then tried Ayers Sarsara-
rilla, ard in one week I was new
man."
John Mcdonald, Philadelphia, Pa.
81 All druggists. J. c. AVER CO.. LavsI. MAJ.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-03-19
STATE HOUSE.
Governor Hill Makes Several
Nominations to Office.
Assessment Of Railroad Tax Deferred
for Two Weeks.
Licenses Refused to Guides ana Camp
Proprietors for Unftress.

Governor Hill has made the follow
ing nominations to important State
Offices:
Judge municipal court Of August
a. 9. Andrews, Augusta.
Judge municipal court Of DcIt or
Arthur w. Stone, Dexter.
Disclosure commissioners-Cli G
Stevens, Millnocket; William II. Nil
Ter, WaldoboTo.
State detectives-Dc1nis Tracy, Ban
gor; Hartwell Lancaster, Old Town.
Commission to take dispositions, etc.
Eva T. Bean, Biddeford.
Dedimus tustice-Moaes DuasmooT,
Smithfield.
Trial iustices--Daniel Steward, An
son, North Anson); Leonard p. Lin
coin. Arson, North Anson); \. n. Lin
scott, Thomaston: l. +. Haynes, Pas
sadumkeag; y. d. Ncf'auL Mach!as:
George L. Lakin, Phillips.
Notaries public--H. y. Drew, Port
land; a. Y. Nichols, Searsport: Josiah
II. Drummond, Jr.. Portland; Charles
NJ. Stewart, Bangor: Fl. d. Bates, Wa
terviile; William w. Merrill, Fairfield;
j. s. Hartman. Belfast; George IL.
Hayes. Eastport; Frank A. Morey,
Lewiston: Harry F. Beely. Phillips; W.
4. Healey, Rockland; Z. E. Parker,
Lewiston.
I Justices of the peace and quorum
Melville w. Kent, Portland: Ellery c.
Park, Bethel; Clinton c. Stevens, MILL
nocket; Joseph G. Holman, Farming
ton; Byron G. Matthews Boothbay
Harbor Charles II. Bartlett, Bangor;
Charles Nj. Stewart, Bangor: Daniel II.
Day, Lewiston: john n. Holt. DiXmont
CDixmont CenterJ; James r. Parsons,
Yarmouth: Willis b. Kemp, Gorham,
(White Rock: Hannibal HamIin,
Pennington Falls); Samuel Libbey.
Orono; Francis 4. Fox. Porter. (Kezar
Falls: F. H. Appleton, Bangor: Viii
liam Freeman, Cherry field; George W.
Bates, Cornville, (North Cornvilia);
WiH9fdbsF. Alexander, Eastport; Scott
Wilson, Portland; Ira G. Hersey. Houl-
tom: A. J. Blake Gilead: J. Burton
Roberts, Dayton; George A. Smart,
Bancroft: John II. Humphrey. Port
land: c. NJ. Hill, Moscow: John W.
True, New Gloucester; Louis J. Brann.
Lewiston; Everett w. Carnage, Bristol.
South Bristol: Darius s. Sanborn,
Norway: d. ID. Gilman. Brunswick;
Oliver s. TarboX. Calais, (Red Beach,:
Lewis 7. Bradford, Turner, (Turner
Center).
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-03-19

ResciiIt by Whitshouse T.
a trustee process, though in form an
ACTON at law, IS in substance an euuit-
abie proceeding to determine the owner
shlp OF a fund III dispute. especially
"i'h c4a fhant has appeared as in this
test ana peconie party to the suit As
petWeeh the piaintitf and claimant euuit-
able CONSIDERATIONS must prevail SO far
as tne nature Of the process will admit
Ah% oTGer. writing or act which makes
an "2prOifi1ticn CT fund amounts to an
equitable assignment Of that fund. Equity
as esdfus i-4efe FORM; if the fisht exists.
Cr = II i IL not formally manifested 1t
We'll &Hofd botl remedy and relief. In
equity no particular form is necessary !;
any writing, or even an act which plain
" m2AeS an appropriation OF the fund or
roper y, WIZ be esteemed an assignment
Fhe iGStrIment in the case at bar, in
winch thN>defendant for value received
agrees to pay to the claimants the
"flptHi cue MIN from the city of Bangor
Tor Stiilres as fireman, addressed to the
Guy treasurer ard recorded in the city
clerk o1acex may reasonably he deemed
cIuiFa.ent 70 direction to tnat officer 10
Lay - the Claimants the balance due the
defendant. ard accordingly be held to
operate as an equitable assignment to
them Of that particular fund. When dull
recorded it was sufficient to protect the
rights Of the claimants against a subse-
Gucnt attaching creditor.
Title OF claimants sustained
Trustee discharged.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-03-19

his court because of his fairness and
absolute iinpartiality, and his reap
pointment for sixth term comes to
him with all classes united in his favor
Congratulations will be freely ex-
tended to him by his numerous friends
in and out of the city, and the hope is
generally expressed that he may live
many years to administer justice,
tempered with mercy" in Augustus
police court.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-03-19
A SPANISH COUNT CURED OF LA GRIPPE.

NEARLY everybody is having 10
IN grippe again. 1t resembles some
what in the beginning o severe
cold. A chill or cold spell Is followed Ivy
aching bones, sore throat, headache,
cough, and general weakness. Its course
may be quite slight or severe, but in
either case it nearly always leaves ono
in miserable condition.
Unless Peruna is taken it will be
weeks or months before a person re-
gains his usual health. If the victim is
fortunate enough to begin the use OF
Peruna at the commencement of the
attack the course Of the grip is much
shortened, and the system is left in q
natural state.
People who have had la grippe, but
are still suffering from the after-cfrects,
should not neglect to take Peruna, as 1t
will promptly restore them to health.
Henry Distin, the inventor and maker
of all the band instruments of the Henry
Distin Manufacturing Co., writes the
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-03-19
: Dr.. Miles
He aet ca re

never fails to relieve, and few
cases are too severe for it &c
cure. Sold by druggists or
guarantee.
Dr.. Miles Medical Co., Elklart, Ind
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-03-19
Continued on page I.
state of Ohio, city Of Toledo, IS.

State Of Ohio. City Of Toledo, SIS.
Lucas County
Frank J. Cheney makes oath that he il
the senior partner of the firm of f. J
Cheney & Co, doing business in the Cit,
of Toledo, County and State aforesaid
and that said firm will pay the sum 81
One Hundred Dollars for each and everS
case of Catarrh that cannot be cured os
the use of Halls Catarrh Cure.
FRANK ]. CHENEY.
Sworn to before me and subscribed In
my presence, this 9Th day of December
A. ID. 1856.
a. w. GLEASON.
(SeaD Notary Public
Halls Catarrh Cure is taken internails
and acts directly on the blood and mh-
cous surfaces Of the system. Send Tor
testimonials free.
+. J. CHENEY & CO., Toledo, ..
Sold by Druggists. 75c.
Halls Family Pills are tbs best.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-03-19
FOR SIXTH TERM.
Judge Andrews Again Named for
Municipal Judge.
ti1a Presided oyer Augusta Police
Court far 20 Years.

Hon. Albert &. Andrews has been
nominated by Cover rer Hill as judge
oil the Augusta municipal court for an
other four years. Judge Andrews was
FIRST appointed to this position by the
late Ex-Governor Plaisted in 1852 ana
has therefore COMPLETED 20 years of
service. During these years Of duty he
mas won the esteem Of the lawyers OF
the city having business to transact in
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-03-19
q Card.

we. the undersigned do hereby agree
to refund the money on a 80 cent bottle
Of Greene's Warranted Syrup OF Tar If il
fails to cure your cough or cold We
also guarantee a 25-cent bottle TO prove
satisfactory or money refunded. :
Bowditch & Webster. kinsman Pharmacy.
f. X courtemanche, G.. K. Partridge,
Arthur Tetrault,- Temple Pharmacy
John Coughlin, Augusta.
Jackson Bros, Chas. Ward Il CO.,
]. c. Houlehan, c. FL. Beane
oct1S, d&wimo Gardiner.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-03-19
conley, Admir-. VS.. Portland Gas Light

tbulSA. iUDl /. VS.. Portland Gas Light
| Co.
RescriUt by Whitehouse. J.
| In this action for neglgently causing
me 0eath OF William J. Carey. there is
| no aVerment in either count that Carey
| G:ed Immediately. but in the first and
second counts il is alleged that ne died
within twenty minutes and in the third
count that he received injuries from
which he thereafteTwards died"
In the hrst count it also aflirmatively
appears by express averment that ne
suffered much in body and mind and
IN TIE second count it fails to appear eth
sr By jHd2ence or direct aVerment wheth-
| er he became unconscious from his inju-
res or endured conscious suffering whila
, he survived. There is therefore no sub
declarations in this case from that in
sawyer Y. Perry s. Me 1t is true that
III this case the dacedent survived his in
Jufles only twenty minutes While in that
ne lVed about an hour. But the agOnies
OF body and mind which mo word can
speak may in one case be suffered ii
twenty minutes and much larger dam
ages may be required as compe nsation in
such case than for the suffering of
many hours or days from injuries OF u
different character
AS construed by our court it is obvious
that the statute of 1891 affords a right of
action Tor injuries causing death sub
Stantiaiiy like that given to employees 10y
the Employers Liability Act in Massa-
chusetts. The third section of that act
gives right of action where an EN-
ployee is instantly killed or dies without
conscious suffering
Whether in the case at bar it might not
reasonably be considered an immediate
death within the meaning and purpose Of
our statute, if the decedent Immediately
became unconscious after his injury and
remained in comatoSe state for twenty
minutes or even for several hours OF
days until life became extinct, ii is un-
necessary IN natepn,ina Z fS oil m
that the plaintiff in this case claims III
his declaration to recover compensation
for the pecuniary injuries resulting to the
widow and children from the death of thu
decedent, but describes only a cause of
action at common law in which the dam
ages recovered must be for the benefit OF
the estate generally and not for the eX-
elusive benefit of the widow and chill
dren. The entry must therefore be
Exceptions sustained.
Demurrer sustained.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-03-19
Drapeau VS.. International Paper CO.
-Rescript by Whitehouse. J.

ny w iilttilOuSt.
The plaintiff was directed by the assis-
tant superintendent to take a position
near the capStan on the left hand side of
a wire cable. seven or eight feet from the
mill, used in drawing logs from large
pile into the water. and communicate to
the operator of the drum winder the sig
nails received from the man at the log
pile. But all the power that could be APP
piled proved insufficient to move the logs
to which the cable had been attached and
there was evidence to justify the plain
tiff $ contention that at the last attempt
the cable slipped off of the capstan. vi
brated against the corner of the building,
rebounded over the head of the plaintiff,
and then swept back with resilient force
against the plaintiff $ left leg, causing d
fracture of both bones below the knee.
After a patient study of all the evidence
in the case it is the opinion of the court
that the conclusion of the jury cannot
be deemed Enthusiastically wrong in finding
that such a capstan or winchhead, with
cut an effectual guard to hold the cable
in place, was not q reasonably SlIitabl
appliance to perform the work required
under the circumstances existing at the
time of the accident. 1t might reason
ably have been anticipated by those in
charge of the work. who had frequently
seen the cable Fly off of the capstan I'M
der similar conditions, and observed it's
tendency to vibrate to some extent afta-
it left the capstan. that an accident would
happen to the si1ndl-man either in the
way it did happen or in some similar
manner.
The inexperienced lJborer is not held to
assume the risk Of perils which arc not
| called to his attention and of which he
! has no knowledge, but of such only as ne
| knows. or by the exercise of ordinary
! care ought to know.
| 1t is the opinion of the court that there
| was sufficient evidence to support the
| conclusion which the jury probably
reached, that the plaintih had not per-
formed any regular service as a signal
man in connection with the working OF
this cable prior to the day of tiie acct
dent: that his knowledge Of the working
Of it prior to that time was only Of thai
tgenerai and indefinite charact. which
might be derived from the casUal obser-
walton of 4 Iaborer who was not charge
with any special duty in regard TO It. ana
that he did not comprehend and fully ap-
preciate the peTis incident 70 the opera
ton of it under Tie conditions existing al
that time. but unhesitatingly assume
that no danger would be Incurred in fol
lowing the directions Of his superior
Under these circumstances HIS cCndIct i:
entitled to be viewed III the light Of rea
sonable charity. and he should net be de
prived of the benefit Of verdict in hi:
favor which is not shown to be clear,A
| wrong.
| Motion overrilied
| Judgment on the verdict.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-03-19

The Augusta Festival chorus had a
largely attended rehearsal, last even
ing. under the direction of Prof l.. E.
Cain
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-03-19
That Beautiful Gloss

comes from the varnish in Devoe's
Varnish Floor Paint; costs ) cents
more = quart though. Sold by J. II.
Cogan Co. wedtf
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-03-19

following 1 T o III
144l South Ninth
street, Philadel-
phia, Pa:
:" i had q bad at
tack of la grippe
l a s t December
which l q 5 t G d
more than three
m o n t h 8, and
W h i C h left me
with catarrh, and
s Q eral of my
frie n d 9 advised
-