davidaulloa/AmericanStories huggingface dataset:
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1902-01-31
Public Notice

TO the people Of Bear Lake County:
We the undersigned have been
appointed committee to solicit
AM collect subscriptions for the
Mckinley National Memorial.
The amount that has been appor-
toned to Bear Lake County is only
$4,000 and we have such confidence
in the loyalty and patriotism of our
people that we feel confident we
shall not fail to contribute the
amount named.
A committee has been appointed
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1902-01-31
Can Issue Summons On Sunday

In the case Of Charles Il. Ravens
VS.. Maurice G.. Stiles and William
G. Dunbar, decided BY the supreme
court Saturday. the validity of the
filing Of complaint and the issuing
Of summons ON Sunday was IN
volved. The lower com, struck
the plaintiffs complaint from the
files and quashed the summons OH
the ground that the action Of the
clerk III filing the one and issuing
the other was taken on Sunday
The opinion of the supreme court,
which is by Justice Stockslager,
says:
| There are two questions involved
in this appeal First: If the clerk
of the district court voluntarily re-
ceives and files q complaint in a
civil action on Sunday and SAID ac
tion was not commenced or instituted
for the purpose OF obtaining al
order. of arrest, writ Of attachment
execution. injunction or writ oil
prohibition, AID not being a pro-
ceeding to recover possession O,
personal property is prohibited b!
section 1866 OF the Revised Statutes
Second: Is the filing of such com
plant and the issue OF such sum
mons thereon II ministerial or ju
dicial act?
ut is provided by said sectio
1866 that No court can be opelle'
! nor can any judicial business b
transacted on Sunday = y = excep
for the following purposes:
:. 'First-To give, upon their re
quest, instructions to jury whe
deliberatIng on their verdict.
$ 8. sSecond-To receive a verde
e or discharge Il jury.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1902-01-31


{. Third For the exercise Of thu
powers Of y magistrate IN u criminal
action or III a proceeding Of a Grim
nal nature. Provided. that in civil
causes orders OF arrest may be made
and executed, writs Of attachments,
executions, injunctions aud writs Of
prohibition may be issued and served.
Proceedings to recover possession
OF personal property may be had
and suits for the purpose of obtain
ing any such wrils and proceedings
may be instituted on any day
s'It is obvious from the foregoing
statutory provision that the clerk
! Of the court could not be required
to perform any service on Sunday,
except wherein il is provided that
certain wrlts shall issue on that day.
or any legal holiday, but II he does
voluntarily receive and file the com
plant and issue the summons are
they necessarily void? We Will
consider this question first
The opinion then quotes from a
great number Of decisions OF The
subject and continues:
owe were not favored with 4
brief Of respondent i'll the case, but
nave carefully examined the author
tiles TO which our sttcntio-l has been
S called. and have quoted LIBERAL,
4 from all those bearing directly o.
q the issues involved ia the case
e seems to be almost universally bel,
O by the courts, with statutes simila
l. to our Owls, that fling complain
k and issuing a summons thereon Is
e ministerial. and not "a judicial aci
u hence not prohibited by statute
e "The Montana case is in harmon
q with this conclusion ard holds dire,l
ly that such acts of the court officer
t, are ministerial, but that they ar
!, prohibited by the statute is simila
to ours we cannot follow that d,
d cision We arc clearly Of the opil
k ion that under the provisions Of OF
@. statute court officers are not pr,
a hlhited from performing such ac
G. as arc merely ministerial on a leg
ID holiday. We think the lower cou
III was in error i'll sustaining respon'
1, ent's motion 10 strike appellant
Of complaint from the files, and
y quashing the summons issued ther
OF on.
ov Case reversed aud cause remain
3? ed for further proceedings in ia
= mony with this opinion, with cos
: to appellant.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1902-01-31
Reversed by Supreme Court.

In the supreme court w ednesday
a decision was handed down in the
cause of <. Strong, appellant, VS..
f. S. Morgan, respondent; appeal
from the district court of Bsar Lake
county. Hon. j.. G. Rich, Judge;
Glenn & Cough for appellant,
Alfred Bulge for respondent; re-
versed. The opinion by Chief
Justice Quarles, Justices Sullivan
and Stockslager, coneurring.
The evidence shows that appellant
went to the ranch of respondent on
the first day Of October, 1899, to
buy some cattle of respondent APP
pellant and respondent drove up to,
and into, field where the cattle
were grazing, and looked at them,
and then returned to respondents
house Appellant then asked re-
spondent the price of said cattle,
and respondent told appellant that
he would take $35.oG per head for
the steers and $500 each for
the three cows.
Appellant agreed 70 this, paid
some money to respondent, and OF,
the next day gave to respondent
check for the balance of the pur
chase price. Appellant at the tins
he purchased said cattle asked re
spondent if he could keep them ;
few days for him, and responder
SAID yes About two weeks afte
the contract of sale respondent notl
fled appellant to come, or send, an
get the cattle Respondent lef
home and went to Salt Lake City
and about a week after such motto
appellant sent boy after tho cattle
who received fourteen head of steer
ana three COWS.
There is no statement i'll the piead
ings' and no explanation in the ev
dcnce, as to what became of til
other steer which was not delivered
Counsel correspondent contends an
the lower court seems to have take
the same view, that the delivery {
possession was complicated at I'll
time of the sale. We do not thin
SO. As between the parties the sa
was consummattd SO far as the tit
was concerned and the title passt
to the appellant but possession d
not pass. In our view of the ca
the obligations of the responde
are fixed by section 1852 Revis'
Statutes, which is as follows: AFT
personal property has been sold al
until the delivery is completed, t
seller has the ri ghts and obligatio
of depositary for hire, except tn
he must keep the property witho
charge, until the buyer has had
reasonable opportunity to reno
it.
IN order TO relieve himself fro
liability the respondent should ha
shown not only that said steer
not in his possession, but that t
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1902-01-31
Quarterly Report

Report Of the City Treasurer Of Mont
pelier, Idaho, for tie quarter ending
Dec. 81, 1901:
Balance on hand last report $640 "a
Receipt:
Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1902-07-24
AUDUBON, MONDAY, AUG. 4.

he has continued in the pra ctice of law
in which he has been very successful.
He is now the senior member of the
firm of Myers & Blume. For the past
few years his health has been poor and
he has not attended very closely to Office
work and has given his attention large
ly to dealing in land. He now owns q
large amount in Assiniboia, Manitoba,
North Dakota and other places in the
north and west, having made many
fortunate investments. Mr.. Myers has
fought the battle of life from the hum
BILE place of the school boy up to his
present position of comparative wealth,
winning by his strong and attractive
personality, his ability and his char
acter. He is member of Aretas
Lodge, A. +. and A. M. He is an
ardent and useful member of the re-
publican party. He is president of
the Audubon school board.
The bride is said to be one of the
best young ladies' of Montezuma, prac-
teal in home duties, accomplished as
musician and as teacher in schools,
beautiful in person and popular in So
ciety. For the past four years she has
been organist at the M. E. church in
Montezuma and is greatly priced there
for her faithfulness in all lines of
church work.
Mr.. and Mrs. Myers are now on a
pleasant trip to the Pacific coast visit
ing relatives. They will return this
fall. The place of their home is not
yet announced, though it is Mr.. Myers
intention to retain his residence here
for the present at least. We hope
they may permantly reside here.
May life's choisest blessings be theirs |!
Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1902-07-24
Crop Bulletin.

For WEEK ENDING jury q.
The week was seasonabiy warm, with
two or three fair days for haying and
harvesting ON dry upland. General rains
occurred on the 18th to 10Th, and severe
local windstorms with heavy downpours
swept over extensive areas in the south
west, south central, southeast and east
central districts, causing damage to small
grain, corn and hay crops that cannot as
yet be estimated.
The most damaging effects we're
wrought in the section southeast OF q
line from Page to Dubuque; but nearly
all parts oil the state suffered some dam
age from excessive moisture. The worst
feature of the crop situation is noted in
the reports from nearly all districts that
the grain crops are ready to harvest and
the fields are too wet to be entered by
haryesters. Oats are badly lodged in q
fourth to half the area seeded. Wheat
nd oats are generally we'll filled, and
the damage by rust Is not very great; but
the situation is critical, and normal
weather is imperatively needed to save
these crops. The reports indicate that
corn has suffered least damage, and the
condition of that great staple in well cul-
livated fields is still quite promising
Much hay is yet uncut, and much has
been spoiled after being cut. Pasturage
is bulky but not in prime condition for
stock in the flooded regions. Apples
are badly windfallen in many localities.
Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1902-07-24
Hyers r1arries.

On Wednesday of last week Theo-
dore F. Myers of this city was joined in
marriage to Miss Margaret Gordon, of
Montezums, the ceremony taking place
at the brides home at three o'clock in
the afternoon.
The home was beautifully decorated
with flowers. At three o'clock Miss
Nina Vest began playing the Men
delssohn's Wedding march on the pi-
ano, when Rev. A. B. Hightshoe,
pastor of the M. E. church, followed
by Master John Kloss, of Malcom, and
Miss Lois Wiltse as ring bearers and
the bride and groom, took their places
in the presence of the assembled guests
when the double ring ceremony was
performed. An elegant luncheon fol-
lowed, the decorations on the table be-
ing pink carnations.
The out of town guests were Mrs. l..
]. Anderson, of DesMoines, sister OF
the groom; Mr.. and Mrs. Joseph Kloos
of Malcolm, Mrs. Kloos being a sister
of the groom; Miss Helen Myers of
Des Moines, Mr.. and Mrs. A. l.. Bur
gett of Deep River, Miss Bessie Swan
of Story City, Miss Alice Peters of
Ottumwa aud Fred Blume of Audubon.
Mr.. Myers is one of the best known
men in Audubon county. He is Mon.
tezuma boy being educated in the
schools there. He taught school at
nineteen, was bookkeeper in the
Comstock stove works, of Keokuk, for
a while and in 1880 accepted position
with the hardware firm of Martin &
Kellar, of this city. In 1881 he read
law here with j. l.. Stotts and soon
was admitted into the firm. Since then
Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1902-07-24

of said lot. Al Hileman and Mrs. Al Hileman,
his wife, Alfred Hileman and Mrs. Hileman,
his wife Maggie Hileman and Mr.. Hileman, her
husband. Said parties having decided said land
and their wives and husbands not joining in
deeds or having decided without explanation.
The unknown claimants of said lot 81 are
Mrs. Montgomery wife of l.. b. Montgomery,
and the heirs of L. b. Montgomery, Mr.. Mont
gomery, husband of Fannie Montgomery Mrs.
Montgomery wife OF John w. Montgomery,
Mrs. Montgomery wife of Joel b. Montgom cry,
Levi }. Montgomery aud Mrs. Montgomery his
wife, Il. M. Montgomery VIM. Montgomery and
Mrs. Montgomery, wife, NJ. A. Montgomery and
Mrs. Montgomery his wife, Eli Montgomery and
Mrs. Montgomery his wife. Part of said defen-
dants never having decided their interests as
heirs Of b NJ ontgomery and the other defend
ants are the husbands and wives of those of
said heirs who have decided all or an interest in
and to said lot 81. And also the wives and hus-
bands of all OF said above defendants
and the heirs at law OF said parties and
the wives and husbands of all of said heirs at
law and the persons claiming by, through or
under said heirs at law, or their wives and hus-
bands by Inheritance or purchase. That the
names and places dresden of the defendants
is unknown to plaintiff and he has sought
diligently to learn the esame,
The plaintiff asks that the court order, al.
judge and decree that he is the owner in fee
simple OF all of said real estate herein described
that the defendants or either of them have no
right, title, claim or interest in and to said real
estate and that the plaintiffs title and
tate be established against the adverse claim s
of said defen ants and each of them and that
the defendants and each of them and all per-
sons claiming by, through or under them or
either Of them, be barred and forever estopped
from having or claiming any right or title adj
verse to the plaintiff in and to said real estate
and that the title thereto be quoted in the plain
tiff and that plaintiff have such other and fur
Their relief as TO the court may appear proper and
equitable in the premises For further notice
see petition on file You are hereby notified
that unless you appear thereto and defend be-
fore noon Of the second day, Of the next term
of the said court, commencing at Audubon, said
county and state, on the 18th day of October,
1902 default will be entered against you and
judgme rendered thereon.
Dated at Audubon this 7th day of July, 1902
CHARLES BAGLEY,
Attorney for Plaintiff.
State of Iowa, Audubon county, 8.
Upon reading the petition on file in this case
and after examination Of the foregoing notice
and being advised Of the form and contents
thereof, it is now ordered that said notice be
and the same is hereby approved aud that said
notice be published in the AUDUR9N REPUBLI-
CAN, weekly newspaper published at Audubon
in the county of Audubon and State Of Iowa,
for six consecutive weeks as by law ia such
cases provided
Dated at Audubon, Iowa July 9th, 1902.
w. r. GREEN,
296 Judge 18th Judicial District.
Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1902-07-24
M e. Notes.

Rev. WeyrRnch will fill the Methodist
pulpit next Sunday evening.
christian Anchorage" will be the sub
iect for the Sunday morning service
Jaly q.
The pastor OF the M. Il. church will
give a short sketch of Miss Stones his.
tory at the young peoples meeting next
Saturday afternoon at three p. m. All
who desire to hear are invited.
All persons of the M. E. church in
audubon or Audubon circuit who have
not been baptised are requested to be
present Sunday afternoon at the church
when the sacrament Of baptism will be
administered in and mode desired.
Rev. Vollmar last Sunday morning
gave short address on, Refining Spiri-
tual Character through Suffering. The
serm on was the embodiment Of the in.
spired word by Isah 4S: 10. Behold !
have refined thee but not with silver, i
have chosen thee in the furnace OF
affliction
Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1902-07-24
Congressman Smith Renominated.

Congressman Walter I. Smith was
unanimously renominated at Council
Bluffs Tuesday. There was no opposi-
ton to him. The Nonpariel remarked
yesterday that ii was the most harmo-
NOUS republican convention ever held
in the Ninth district. 1t indicates his
reelection by an increased majority.
Chairman Robinson, of Glenwood,
called the convention to order and pre-
scented John W. Foster of Guthrie Gen.
ter as temporary chairman and ID. G.
Mott of Audubon as temporary secre-
tary. Mr.. Foster made an able and in
cisive speech which was enthusiastical-
ly received. The usual. committees
were appointed. The counties were all
represented by nearly complete dele
cations. Able and comprehensive res
olutions we're adopted. They endorse
President Roosevelt, Congressman
Smith and in substance they reaffirm
last years state platform.
I'd. Powell was member of the
com mittee on permanent organization,
W. r. Copeland member of the COM
mittee on resolutions and Fl. b. Her
bert was appointed the member of the
congressional committee from this
county. .a-
Upon his unanimous denomination
by acclamation q committee escorted
Judge Smith before the convention
where he received an ovation. He de-
livered short address rendering a
brief account of his stewardship and
thankingi the delegates for their
action. g.
We take this occassion to again say
that we believe Judge Smith has enter
edIon long and influential congress
sional career. His personal following
in the district is remarkable. He has
rare and varied qualifications as mod
Ell congressman and he has the stuff in
him to achieve eminence in the nation,
winning renown and influence for him
self, his district and his state. Intel
Iectually, socially, morally, physical
ly strong, having youth and industry,
healthful ambition, and guided by
good principles and high ideals, and
with all good politician, taken all in
all, if Providence spares his health, he
surely has brilliant and useful career
open before him if his district remains
with him as it now is. Audubon coun-
ty will no doubt do her full part in
giving him support.
Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1902-07-24
Very Low Rates to Salt
Lake City, Utah,

Via the North. Western Line. Excur-
sion tickets will he sold August to 10.
inclusive, with final return limit until
September 30, inclusive, ON account Of
b. p. o. Elks meeting. Scenic Route,
Pullman Drawing Room and Tourist
Sleeping cars. Apply to agents Chicago
& North Western R'y. 800
Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1902-07-24
Double Track to the Missouri River

The Chicago & North Western R'y is
the only double track line between Chi
cago and the Missouri River. Four
trains a. day Chicago to Omaha, three
daily trains to the Pacific Coast and two
trains per day Chicago TO Denver, with
through Pullman service to points in
Iowa, Nebraska, Dakotas and to The
Black Hills. Send stamp for booklet
"Only Double Track Road Chicago to
Missouri River" to W. b. Kniskern, %
Fifth Ave Chicago. Bows.
Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1902-07-24

Mrs. @. F. Brown, who recently went
to New York state with her daughter,
Myrtle to visit relatives, is now quite
sick with malarial fever at the home Of
her parents, George Moore and wife, Of
Montgomery county, N. Y. She has
been under the doctors care for the
past ten days and trained nurse has
been secured. The last reports state
that she is improyiDp
Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1902-07-24
Death in a Well.
Mrs. Albert Christensen Found In the
Bottom of Well.

Monday evening about six o'clock
Albert Christensen, who lives mile
north Of Kimballton, found that his
wife had fallen into we'll which is a
few rods from their door. He at once
summoned Hans johnson, their near
est neigbbor. He and others came.
They procured a ladder but it was
much too short to reach down the for
ty feet. A rope was tied to the ladder
and Mr.. johnson went down, got the
woman's body and the men above pull
ed him, his burden, the ladder and all
to the top. DIR. Slamburg, of Kim
ballton, was called and worked hard
for an hour to try by all known meth
DDS to induce artificial respiration, but
failed.
Coroner A. r. Hersman and Deputy
Sheriff Humphrey were called Tuesday
morning. They selected coroner's
jury consisting of Jake Esbeck, Chris
Larsen and Hans johnson. They were
puzzled over the matter but at last re.
turned verdict of death by accident.
The we'll was surrounded by curb
and the water was raised by bucket
and pulley. The opening through
which the bucket passed was only
twelve inches across. IL seems small
for one to fall through accidentally.
Deceased was 81 years old and was
in poor health. The day of her death
DIR. Slamborg had been there to see
her and hab left some medicine for hel
which was later found untaken. She
was said to be worrying over trouble
and some suggest suicide, but the
truth of the cause of death seems
hidden. The jury was likely right.
Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1902-07-24

Great Northern Railway sells home
seekers tickets, st Panl or minneapolis
and all points west, including Montana
and Washington, on the first and third
Tuesdays of July, August, September
and October, lg02. Rate one fare for
round trip Information from all ticket
agents or f. |. whitney, G. p. Il T. A.,
st Paul. ga
Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1902-07-24

HOmeseekers can buy excursion tickets
via the Great Northern Railway, to
points in manitoba, Washington, Mon
tana and the West at about one fare
for round trip on the first and third
Tuesdays of July, August, September
and October.
Tickets and information from all
Railway Ticket agents, or f. |. Whit
ney, G. p. +. A. st. Paul. 27w4
Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1902-07-24
Aliia nee Rally.

The Young Peope's A lIianc"s of Ham
lin, Viola aud Audubon Evangelical
churches will hold union meeting at
Audubon next Sunday evening in the
interest OF the Young Peoples work in
the chnrch, A very interesting program
is being prepared by the various alli-
ances Services commence at o'clock.
Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1902-07-24
the BEST EMINENT PoRSTRAISs.

Mr.. F. H. Wells, the merchant at Deer
Park, Long Island, N. V, says: 81
always recommend ChamDerlain's Pain
Balm rs the best liniment for strains.
used it last winter for severe lame
ness in the side, resulting from a strain,
and was greatly pleased with the quick
relief aud cure it effected" For sale by
A. FL. Roberts, druggist.
Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1902-07-24
NEED MORE HELP.

Often the over.taxed organs of d.
gestion cry out for help by dyspepsia's
pains, nausea, dizziness, headaches
liver complaints, bowel disorders. Such
troubles call for prompt use of DIR.
Kings New Life Pills. They are gen
tie, thorough and guaranteed to cure.
SEE at A. III. Roberts drug store.
Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1902-07-24

Henry Herbert is expected here today
to spend his summer vacation. Henry
works by the sea shore in winter. spring
and fall and spends his summer vacation
in Iowa. one Of the most pleasant places
in the world. II the fad to come to
Iowa's broad fields and pleasant groves
for summer vacations was only once
fairly started it would soon become the
proper and popular thing to do.
Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1902-07-24

Don Drake, Frank Drake aud Wa tier
Delahoyde will leave Sunday on their
bicycles for two weeks pleasure trip to
several points in the state. They viii
stop at Okoboii, Davenport, Fl. Madison,
Des Moines and other places Of interest.
Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1902-07-24

Via the North. Western Line to Hot
Springs, Deadwood, Lead and Custer,
S. D., and to Colorado and Utah points
good to return until October 81. A
splendid opportunity is offered tor an
enjoyable vacation trip. Several fine
trains via the North Western Line
daily. Apply to agents Chicago q
North Western Ry. 2Iw7.
Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1902-07-24

Last Sunday at the NJ. E. church Rev.
Matheny talked ON the education of the
Negro, at the close Of which a collection
was taken up for the Freedmen Of al
most one hundred dollars. The services
were very interesting and Mr.. Matheny
made fine talk. The regular evening
services we're held at which Rev. Ma
theny gave his people grand good Cos
pei talk,-Guthrie Times.
Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1902-07-24

The Great Northern Railway sells
homeseekers' tickets to anitoba,
tontana, Washington and all points in
he west, on first and third Tuesdays:
of July, August, September al Oct
ober, at the rate OF about one fare for
the round trip. Information from all
ticket agents, or f. l. Whitney, @. T.
& Il. A., st. Paul. T-4