davidaulloa/AmericanStories huggingface dataset:
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-10-23
He. Was Justified in Quitting.

Peder. Erickson RECEIVERS $6a.75 in
wages from M. H. Sorby, of Chippewa
county. Sorly refused to pay because
Erickson violated his contract by quit
ting, but Erickson showed that he
quit because his employer assaulted
him, and on this showing Judgment
is allowed. The syllabus: -.
Peder Erickson. respondent, VS.. M. II.
Sorby, appellant
Tristan assault and battery wrongful
ly and uslawfully committed by a master
uponl his servant may justify the servant
in abandoning the masters service, even
tho he. be under contract for definite
period of time. The nature of the as
sault, and whether a sufficient justifca
ton, is a questionaof fact to be deter.
mined by the trial court.
Second-Evidence considered and hell
sufficient to sustain the judgment ap.
pealed from. %.r>S j. 49, =
Judgment affirmed Brown, j.,
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-10-23
st. PAIL Municipal Court.

Hiram D. Brown and Herbert ~ Bigelow'
partners as Brown & Bigelow, respond
ents, vs. E. P. Roberts ct al, doing
business as the Minnesota Association OF
Local Insurance Agents, appellants:
First-A partial want or a partial failure
of consideration can be shown, If properly
pleaded, as defense pro tanto to a nego-
table instrument in the hands of the orig
inal payee or Of party standing in his
shoes.
Second-A finding, that "the allega lions
Of the answer are not proven is the
equivalent. Of a general finding that the
facts are not as alleged in, the answer ano
is sufficient except as against a motion to
make it more specific. o.,
Third-In this an action upon a check
it is held, that the answer alleges 1acts
constituting the defense Of d partial wan.
of consideration. that the trial court hearo
and determined such defense and found
that the facts were not as alleged, ano
that the finding Is sustained by sufflc1en'
competent and relevant evidence.
Judgment affirmed Start =. .
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-10-23
: jerks Case Revised,

A decision is granted on reargument
of the jerks bankruptcy case, which
alters the former decision and excludes
the nonresident defendants from any
interest in the property. They raised
the question of Jurisdiction. which
was decided against them, and there
by they lost the right on this. appeal
to attack the validity of the lower
courts decree. = =
+ "A per curiam decision in the case OF
the Open House company of Faribault
respondent, against George Baxter
appellant; affrms the lower court. =
:e#Other decisions filed to-day were az
follows: ~ "a. -. .s &
,:H.: Martin County. ~.z.ss:;7, *s
Martin County Bank, appellant, VS. VII
= liam Bird, as administrator of the estate
of D. w. Coulthard, deceased, respond
.ents; Mary l.. Coulthard ct AL, inter
S. yenors: =: f. .:,5s.l%s
q Alternative Judgment entered in a re
plcvin action pursuant to section 6.42o
G. S., for the value Of property in cas-
possession is not obtained is a none!
Judgment, and the clerk of court is au
thorized, when entering such Judgment, t.
add interest to the amount from the dat
of the order for Judgment, altho no spec1h
mention is made in such order for inter
est Order affirmed. ! :.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-10-23
EATON AND FAY
Virginia's City Campaign Will Be the
War.nest 1t Has, Known.

VIRGINIA, MINN.-At the republican conyen-
ton Yesterday afternoon W. II: Eaton, the pres
ert mayor, received the unanimous nomina ton
for G second term. W. b. Pratt was nominated
for treasurer. Tie nominations for alderm..>1le:
First ward. Gust Johnson; second, Louis Cohen
third, f. J. kinnert: fourth. Thomas St. Gyr;
aldermen at large. Frank Trampush ant. H. J..
George. The election on Nov. 3 is expected to be
the liveliest in the history of the city. NJ. L..
Fay is the independent ca ndidate for mayor.
A machine shop is in course Of construction at
the Lincoln mine. 1t will be one of the finest
on the range.--There is a rulnor that the Mime
sofa mine at Soudan, which closed recently, will
soon resume operations. q "
of grouse and partridge: Most of them We're
successful bnt say hunting is difficult owing
good in this section. Hunters say the woods are
full Of game. st~> - s@5~ : 5~
cutting timber for tile Taler Lumber company OF
Keokuk, have begun operations. They expect to
cut about r feet t. this othe,
! Virginia district the W. r. Bailey Lumber
company and the virginia Lumber company
week In. a run Of ten hours sawyers Ge>Nse
+. Jones and Ed smerage cut 1000 feet. Inc
/ previous record was 49,. 0U0 feet. ~fsI
The Virginia Lumber company will soon begir
the erection Of "a large planning mill to run ir
conjunction with the e. r.. Ash sawmll. The
coupnny also, talks OF building large box fac
4 new shaft is being sunk at the, Consumers
! Bull. The shaft is a 6x1S incline and has foul
compartments two skip roads, ladder way ant
counter balance for. lowering timber and othe
heavy material into the mine. This property il
being opened and much new building Is going o,
at tie mine, which is managed by a. +. Maitlant
lof Negaunee. Mich. son of Alexander Maitland
/ lieutenant governor of Michigan @ ff.s9
| The runor regarding the general closing o.
! mines in the Lake Superior district Is greatly eX
asgerated. There has leelr no 9curtailnlent Of TIN
ore production the Mesaba range as vet ant
according to the very best informa ton there vii
| he none. The time Is near for the closing O.
| the steam shovel mines, but this always happens
at this time of the year. Men are in de1nsld OF
the Mesaba mine and have been for months. TIL
merchants report healthy business and have III
fear of the future w. Ak. 2 Fss5z
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-10-23
Title to. Pine Land Settled.

A st. Louis county, decision settles
title to several thousand acres of pine
land in mortgage, and a quit-claim
deed! given by the mortgageor are set
aside. The: alleged Il insanity of the
mortgageor does not make the con-
tracts void absolutely. The syllabus
says:
H. c. Scott, appellant, vs. S. M Hay ct al
+ respondents ~ : ..-.4 .ss.-.-s-.-
First-The established rule that writ
ten instrument is +: tossbe construed as
whole giving to every part essential force
in order to reconcile ambiguous or contra :
dictory statements applied, and held that
a declaration in the release Of a mortgage
that it Is fully paid is controlled and modi :
fed by other statements which show it to
be a satisfaction only Of the specific tracts
named therein. sazt .s-z - gz&##
second-The rule that witnesses re-
quired to testify to the mental capacity of
la person whose insanity is questioned
must first state the facts within their OBJ
servation upon which they rest their con-
clusion, held to- apply to family physicians
who have treated a patient generally for
! other complaints than his alleged in
trinity. - L. 49, ~
Third-Thez fact that one of the parties
! to an agretme emf for transfer of lands was
insane does not render his acts absolutely
void, but at most only voidable. and con-
sttitutes no ground for setting them aside
when the other party had no notice of the
insanity and derived no inequitable adj
vantage from it. L q Il IL =
| Fourth-F.vidence considered and held
[ to reasonably support the good faith of a
1nortgage lien as we'll as subsequent trans
fers of interests in pine lands to pur-
chasers thereof, and that quit-claim deed
from the alienor to the plaintiff was not
made in good faith but charged the
alienee who held under such quit claim
deed with full notice Of the rights of the
/ defendants. IL
Fifth-Held further. upon the findings
of fact by the trial court, that the cor1clu-
] sions of law la sed thereon are sustained.
Order affirm ed. I 8s ss Lovely, j.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-10-23
saltwater Municipal Court.

Crane & Ordway. respondent, VS.. William
Sauntry, appellant:
First-As a general rule in applications
to vacate Judgment by default an atfl-
davit: Of merits Is essential. But where it
fairly appears from the records and pa
pers upon which the motion is based that
the moving party has a good cause OF
action or defense on the merits, the ne
cessity for such an affidavit is a question
for the trial court.
Second-The trial court did not abuse
it's discretion in setting aside a judgment
Of dismissal taken on plaintiffs default.
Order affirmed. Start, G. j.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-10-23
CONDUCTOR KILLED
McCray of Huron Fell from His Train
at VOIga Station.

HURON, s. ,D-Conductor Loren McCray of
this city was killed by falling from his train
at Volga this morning. He was of the
most popular employees on the Dakota division OF
the Chicago & Northwestern system. He mar
ried Bessie. Ormand here few months ago.
r. H. Cory has purchased the interest of his
partner, j., G. >McAdams, in the dry goods bust
ness, and will hereafter have exclusive manage
ment of the business.
w. II. Thrall, superintendent Of missions, and
Rev. c. NJ. DALEY are in Valley Springs at
tending q council called for the relief of Rev
II. &. Gilmore, pastor of the congregational
church at that place, who desires to go to the
state of Washington to do evangelistic work.
Friends of J. S. Oliver and wife rendered them
reception In the Presbyterian church. Mr.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-10-23
SEPARATORS BURNED
With Them Went Some of the Farm
.s5..gs45s- erS' Grain Eanzi, ~

sDEADWOOD, S. D.--Two steam threshers were
destroyed by fire. One belonging to Frank Kellar
Of Deadwood was buried at the farm of Fritz
Berger. together with over 1000 bushels of oats
belonging to Mr.. Berger. The threshing had
been under way only a short time when spark
from the thresIer engine caught in the chat
and before the separator could be moved it was
destroyed with the grain.
A new separator belonging to Nelson s Thomp.
son Of o. onse was fea, a. ne iafn OF
eral hundred dollars worth of grain belonging
to Mr.. Casavan. Nelson & Thompson had only
lately purchased the machine from the factory.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-10-23
Stcarns County,

J. A. Mcdonnell. Charles II. Hood and
T.. E. Penney, copartners as Med
Hood & Co., appellants, vs.. The Keller
Manufacturing company, respondent.
q The issue whether contract for the
procurement Of plaintiffs of policy Of
insurance for defendant was Cancelled by
the mutual consent of the parties. Held,
on the facts stated in the opinion ques-
ton Of fact. 4
Order affirmed. Brown, j..
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-10-23
Sherburne County.
Ernest w. Thompson, appellant. vs.. Jam

Ernest w. Thompson, appellant, VS.. James
w. Lapsley ct al, defendants; James
w. Lapsley, respondent: Il
First-A finding Of the trial court that
plaintiff had knowledge Of facts and cir
.cumstances sufficient to put him upon in
curry as to the nature Of defendants in
sterest in the land in controversy in the
action. Held, not sustained by the evil
{dence. s#ts
Second-Notice Of a specific titleeor in
terest in real property is operative as to
q purchaser charged herewith in respec:
Eto the particular title or interest specified
only, and is insufficient to put such pur-
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-10-23
are granted to Meyers. The syllabus

i y
is as follows: ,..
Simon Meyers, appellant, VS.. James D.
Markham, respondent:
First-Where the vender in a con-
tract for the sale of land subsequently
conveys the land to third party, the con-
tract vendee has the election Of two
remedies: First, to acquiesce in the con-
veyance and seek a performance Of the
contract by a third party, or second, treat
the conveyance as a breach of the con-
tract and resort to an action against the
vendor for damages. -.....
Second-In this case it is held that by
defendants refusal to carry out the con-
tract with the third party he is conclu-
sively presumed to have elected to pursue
his remedy against his vendor; and plain
tiff, vendee in the subsequent convey
ance, is entitled to have the record of the
contract removed as a cloud upon his title.
Judgment reversed. Brown, j.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-10-23
Clay County.

J. W. Kennedy, respondent, VS.. D. D. KEEL
lum, appellant:
IN this action. which originated in JUS
tice court. it is held that the pleadings
were closed on the day to which the cause
had been adjourned and that the defend
ant was then entitled to an adjournment
of the case for not exceeding one week as
a matter Of right. Judgment reversed.
80 ~.-3 Start, j.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-10-23
Meyars sststha .Ttan1

Simon Meyers Of Minneapolis wins
his case against James ID. Markham
on a reargument The case involves
title to lands in Pine county, which
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-10-23
COTTON IN DANGER
Boll-Weevil Plague Threatens to
Render the Cotton Fields
Valueless. w..
Government Experts Are Developing
Resistant Strain of Plant-A
.-
Convention at Dallas.
From The Journal Bureau, Room as, Post Build
ing, Washington.

ing Washington.
Washington, Oct. 23.-Believing the
entire cotton growing industry of the
United States to be in serious danger,
those Interested have taken heroic
measures to save the plantations from
the boll-weevil plague. A convention
has been called to meet in Dallas, Tex,
to discuss ways and means, and Secre-
tary James Wilson of the agricultural
department and all his most expert
The situation Is regarded as critical.
The weeVil has continued it's raw
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-10-23

chaser upon inquiry as to some other in
consistent right. .~
Order reversed and new trial granted.
| -''---A- Brown, J.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-10-23

LEAD, S. D.-The new science hall recently
completed an addition to the high school
building. is being occupied. 1t is three stories
play rooms during stormy weather On the
ground floor are the auditorium and gymnasium.
The auditorium is one of the largest rooms In
athletic purposes. It will have a seating capac4
ity of about 1 900. Ys&s 5&%t@ FL
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-10-23

DIXIE, IoWA.-Father seguin has instituted
a suit for $4,000 against Grundy county and
from the recent attack made upon Seguin by a
mob at Dixie. The ex-priest was roughly
handled. y.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-10-23

torpid liver are other causes
which bring on this painful dis
ease, because the blood becomes
tainted with the poisonous mat
ter which these organs fail to
carry out of the system. Ger
tain secret diseases will produce
Rheumatism, and Of all forms
this is the most stubborn and
severe, for it seems to affect
every bone and muscle in the
body. The blood is the medium
by which the poisons and acids
are carried through the system,
Rheumatism you have, it must
can never get permanently rid 0
b1es S. S. S. has never been equa
and ruin the digestion like Pota
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-10-23

MADISON, s. D.--Ray johnson. who has been
q soldier of the First infantry for three years
returned home Yesterday, having finished his term
down to the southern islands, Samar and Albay
and In the course Of time back to this country
with his regiment.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-10-23

NOT "A $EEzM DISEASE.

is natural rub the that hurts when rheumatic
pains shooting through the joints muscles and they
named the sufferer and plaste
for relief and while such treatment the temporarily
amount of rubbing berng because it
skin disease but the blood and all through SYSTEM
the conditions
the first attack going have another and Rheumatism
will is Blood what
externally Too much acid the blood Of
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-10-23

MORRIS, MINN.-County superintendent OF
Stevens county. Miss Mary +: Flynn. has started
monthly paper, called School Notes. thru
which she can communicate with her teachers
and school officers.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-10-23

and Mrs. Oliver have been visiting here for
few weeks, prior to returning to their home in
Los Angeles. .:es
J. NJ. Brady, arrested in Iroquois by Sheriff
Kerr is in Jail here. He Is charged with ut
tering checks on local bank when he knew he
had no money deposited there He He failed to
The man Dawson, arrested in Jamestown
few days since. is not the preacher by that
property, and in Clay county, Illinois. for for
gerry. and who married lady in washington
notwithstanding the fact that he had wife
and family in Illinois. The man under arrest
Is q prize fighter ..-
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-10-23

UNABLE TO SLEEP AT NIGHT.
;. Sidney, Ohio, August 20, 1908.
A few months ago was feeling weak
and run down and unable to get sleep at
rheumatic pains in my joints and mus
cles. The medicine used gave me only
temporary tempo, relief At pest; so seeing a 9: =.
b1es, began it's use, and after taking it
for some time was well pleased with the
pains, gave me refreshing sleep and
built up my general system, giving me
strength and energy. It is good medic
cine, without q doubt, and I take pleas
ure in endorsing 1t.
sR.F D. No. (. S. s. BOUGHTON.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-10-23
!! hap imam 5
9Th and Nisenel
SPECIALS FOR SATURDAY.

FROM OUR CANDY KITCHEN.
The Wisconsin tobacco reporter. (Edgerton, Wis.) 1877-1950, 1903-09-25
ELECTRIC PLANT BURNED
Kenosha Has Il Blaze That Embarrasses
the Concern That Supplies Light
and Water.

Keu0sha, Wis, Sept. 22.-Fire broke
out in the electric plant and in an
hour the building was a complete ruin.
How much the machinery is damaged
cannot yet be ascertained. The loss
is fully covered by insurance. There
will be a temporary disarrangement
in the street car service and the city
lightning anG hot water systems. as all
were supplied from the plant.
Kimball. the superintendent. said
that he hoped to make arrangements
by which the whole system would be
in running order before the end of the
week. This is the second fire at the
plant during the last ten months. In
January the building was partly de-
stroyed and the machinery damaged.
Foundations have been laid during the
last week for q new re-proOf building.
The Wisconsin tobacco reporter. (Edgerton, Wis.) 1877-1950, 1903-09-25
Proving q Statement.

a certain minister, who is an en-
phatic preacher, is at times at loss to
give his utterances proper weight. For
instance, he'll say:
'"This statement is as true as is the
night which will follow day." or "as
true as that the trees will bud in
spring"
Sometimes it happens that the doc
tor has more statements than he has
illustrations to give them weight On
one such occasion he remarked, "This
is as true as the Here the doctor
halted. He paused few moments, and
then his face illumined LAS true as
is the statement that some member is
yet on his or her way to church,
A few moments later a lady entered
the edifice and swept grandly up the
aisle. The doctors face assumed an
Il told you so" appearance. The con-
gregation began to smile, then to
laugh.
Sympathy for the embarrassed lady,
however, soon subdued the apparently
uncomfortable mirth
The Wisconsin tobacco reporter. (Edgerton, Wis.) 1877-1950, 1903-09-25
An Egxntian story.

Here IL strange story from Egypt.
Taha Ali and Ahmed Hamad carried
on the business of butchers in partner
ship. Taha Ali informed Ahmed Ha.
mad that sum of money belonging to
the partnership which had been left
with him had been stolen. Ahmed Ha
mad did not believe the story and ac-
cused Taha Ali of theft. They decided
to refer the matter to a fakir who had
settled in the neighborhood, to be tried
by system of ordeal. The two men
accordingly went to the fakir. He cop
led some passages from certain reli-
gious books in his possession upon q
native writing board with European
copying ink, washed off the writing
with water into a bowl, dipped some
bread and water into the water and di
vided the bread and water between the
two disputants, telling them that the
one who was in the wrong would be-
come very i'll. After eating the bread
and drinking the water the two dispu-
tantS went away. Taha Ali was short
ly afterward seized with violent pains
and, returning to the fakir, confessed
that he had stolen the money. His con-
dition became rapidly worse, and he
died a few hours later The medical
examination disclosed no sign of poi
SOninC
The Wisconsin tobacco reporter. (Edgerton, Wis.) 1877-1950, 1903-09-25


The United States capitol at Wash
ington is one of the most majestic
buildings in the world. It was first be-
gun in 1893 when the north wing was
founded. This was finished in 1900,
and the south wing was begun in 1911.
The building was burned by the Brit
ish III 1914, and rebuilding did not be-
gin until 1917. In 1851 the new eX-
tensions began, the house of repre-
sentatives first occupying it's present
hall in 1857, the senate it's present
quarters in 1859. The dome was con-
structed between 1856 and 1865. The
cost of the building has exceeded $780,
100000. The dome is 3O7 feet high and
135 in diameter, contains 1900 tons of
iron, arranged to move during atmos-
pheric changes like the unfolding Of
lily.
The rotunda beneath is SO feet in
diameter and 100 feet high. The ex-
IRENE length of the building is 751 feet;
extreme breadth, 324 feet. It covers
1853, 112 square feet Of ground. The ar
chitecture is of the Corinthian order;
the material of the central structures
yellowish sandstone painted white, of
the wings white marble, tinged with
blue
The Wisconsin tobacco reporter. (Edgerton, Wis.) 1877-1950, 1903-09-25
ROCK ford, BeIOit & Jauesv1ITe
Railroad Co.

Operating electric road between Rockford,
ILL., and GAINESVILLE, Wis. via Roscoe, H.,
RocktOn, ILL.,, and BelOit, Wis.
ROCKFORD, ILL.
First car leaves Rockford at 5:30p. m. daily,
excepting Sunday. Second car at Z a.. m. and
every hour thereafter. Last car at II o. m.
First car arriving at Rockford a Z a. m. and
every hour thereafter until II p. m.
BELOIT, WIS.
Car leaves BelOit for Rockford and James
vile daily, except Sunday, every hour from
a. m. up to and including II p. m. Car arrives
at Beloit from Rockford at $50 a. m. Second
car at s a. m. and every hour thereafter until
~ %. m. Car arrives at Beloit from GAINESVILLE
at $50 a. m. Second car at a. m. and every
hour thereafter until IL p. m.
GAINESVILLE, WIS. III,
First car leaves GAINESVILLE daily. except Sun
day, at a. m. and Is minutes after every hour
thereafter. Last car at 11:15 p. m. Car ar
rives at GAINESVILLE at 10 minutes to the hour
from $50 q. n. until 1850 p. m. The last
through car between Rockford and GAINESVILLE
leaves Rockford at 10 p. m. Janeville at 1O:15
p. m,
SUNDAY SCHEDULE.
Cars leave Rockford at a. M, Beloit at a.
m. and GAINESVILLE at :15 a. m. and every half
hour thereafter up to and including II p. m.
Rockford Ticket Of1ce.-B. G. Skeyhan, cor.
State and Wyman SITS.
Beloit Ticket Office.-144 State Street.
GAINESVILLE Ticket Office.-J. P. Bakers Drug
Store cor. w. Milwaukee and Franklin SITS.