davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-10-14

Office of the clerk OF the county In which
he desires to do business
4f56. b. & 8. w. r. r. Co. vs. Henderson.
Jackson c. G. Reversed Roby, J--Where
employees OF a railroad company are riding
upon two hand cars from work. one follow
Ing the other. and the one In the rear Is
run upon the forward one and Injuries an
employe, the railroad company is not liable
for the injury. as the men were all fellow
servants.
4il4. La Plante VS.. LaZear. Daviess c.
G. Affirmed Wiley. J.--Where a landlord
leases separate portions of the same build
ing TO different tenants, and reserves under
his control those parts Of the building prem
a porch or steps, he is under an implied
obligation to use reasonable diligence TO
keep in a safe condition the parts over
which he so reserves control.
1894 Chamberlain VS.. Waymire. Miami
c. c. Reversed. Henley, J.-Where there
are two ways for an enploye to perform
piece of work one of which Is dangerous
and the other free from danger, and the
person doing the work knowingly chooses
the dangerous one and is injured, his en-
ployer Is not responsible for the injury;
Inns. Allen G.. G. Affirmed. Black, j.
!. The relation OF passenger and carrier
continue on an electric car while the pas
senger is alighting therefrom. 2. Where an
electric railway company operates its cars
on tracks in a city, and excavations are
made by the city on parts of the street
adjacent to such track, Ii is the duty or
the company through its servants, to notify
passengers alighting from the cars of such
excavation when the cars are stopped to let
off passengers Immediately opposite such
excavation.
1862 Indiana Mfg Co. Wells. Miami
C. c.. Reversed. Robinson, G. il The
failure of an employer to properly protect
machinery as required by law Is negligence.
2 The mere failure to provide belt shutters
for machinery does not create a statutory
liability but liability under the statute
arises when the inspe tors order to furnish
them has not been complied with. g. To
show a common law liability for an injury
received from unguarded machinery, 1t Is
necessary to allege that plaintin had no
knowledge of such dangerous condition.
4405. Pennsylvania Co. VS.. Dickson Nor
gan c. c. Petition for modification of opin-
ion overrued
1894 Republic, ETC., Co. VS.. Jones. Clay
c. c. Oral argument Oct. co. 1903.
4s11. c., c., G.. & st. l.. Ry. Co. VS.. Miles.
Marion s. G.. Time extended for filing brief.
4233 Union Traction Co. VS.. Barnett. Hen
nv c. c. Petition for rehearing overruled.
1897 Fudge VS.. Marquill Delaware G. @.
Certiorari granted and issued.
4649. c. q L. r. r. Co. VS.. Fox. Porter
C. G. Motion to dismiss overruled.
1901 Moore VS.. Ferguson. Boone &. G.
Petition TO advance denied.
4457. Wabash r. r. Co. VS.. Young. Miami
C.. c. Transferred to Supreme Court.
Minutes
1901 Jonathan ]. Moore, administrator,
VS. Robert j. Ferguson ct al. Boone Cir
cult Court. Appellants petition TO advance
Overruled
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-10-14

Railway Employes-Injury by Torpe
Explosion

Railway Employes-Injury by Torpedo
Explosion
The foreman of a switching crew, appar-
entity for his own amusement. placed a tor
pedo on the rail in front of engine,
which passed over 1t and exploded 1t.
fragment striking the plaintiff, member
leg. 1t was conceded that the crew had no
occasion to use t0rpedoes, and the use OF
one was beyond the scope of the foremans
duty 1t was held that the injured en-
ploye could not recover damages from the
railroad company, inasmuch the fore
man, in using the torpedo was not repre-
senting the railroad and was not acting
within the scope or his employment. LA
Southwestern Rep. (Ky), I'LL
Release alidity-Absence Of Fraud
A person who without reading it. signs
a written contract releasing his right to
maintain an action for damages resulting
of his former employer, will be held to have
executed the instrument with full knowl-
edge of it's contents, when his only excuse
what hurried" I73 Pacific Rep. (Kansas,
Judge Burch), 113.1
-Corporations-Misno
A case was recently before the Supreme
Court of South Carolina, which illustrates
what trifling objections a corporation Will
raise when hard pressed. Suit was brought
against Southern Railway Company by
a woman who claimed that her husband
ants negligence. In the original summons
the defendant was named 1.-THE Southern
Railway Company" Part of the defend
ants defense was that the word THE" was
not a part of its corporate name. The trial
judge allowed the plaintiff to amend by
striking the word The out of the
summons. The railroad appealed, and the
Supreme Court promptly affirmed the ruling
of the lower court, taking occasion to score
the railroad for the triviality of it's posi-
ton. [45 Southeastern Rep. Is. c., Judge
Jones), 1885,
Interstate Commerce-Silence of Con-
gress.-
The power Of Congress over al subjects
of commerce which are national in their
character, admitting of only one system or
plan of regulation, is supreme and con-
elusive, and its failure to act is en-
left free from restrictions, exactions or
burdens. The transportation of goods by
railway or express companies from point
in one State to point in another State,
is interstate commerce, and cannot be reg
ulated by a State statute. 70 Virginia Law
Register, 406.
ts-Intent-Delivery.-
A father, having buried sums Of money
in various places about his estate, and be-
ing i'll and barely able to walk, took his
daughter to the whereabouts of the money
where 1t was concealed. AT the same time
he made positive declaration that he gave
it to her, cautioning her not to let anyone
know where il was, and advising her to
leave 1t there until the place was rented
or she needed 1t. Held, that this constituted
an absolute gift from the father to the
daughter and the administrator was not
entitled to it for the benefit of the estate
Pacific kep. Oregon, Judge Wolverton),
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-10-14
IN A RAILROAD WAITING ROOM.
A weighing Machine Episode That
Was Somewhat Out of the Usual.
New York Sun.

New York Sun.
To one man all this appeared as a pam
that the actors did, and far enough away
so that he couldn't hear their voices when
they spoke.
The scene was the waiting room of d
railroad station. the actors youthful look
ing mother who must have been thirty or
whereabouts, and her son, a tall lad, ap-
parently about eleven. A passive actor was
an infant of perhaps three months. whom
the youthful-appearing mother held in her
arms.
The action revolved about a weighing
machine, one OF the kind that pops out to
you. when you have stepped on the platform
and dropped cent in the slot, your weight
stamped a little piece of cardboard.
The mother stepped up first on the
weighing machine. still holding the precious
infant in her arms-she never would have
thought of giving that into anybody else's
care; and then her son put cent in the
slot for her. and out popped the little card
with her weight on IL. Then she stepped
down, and she and her son looked at the
card and noted the weight stamped on it.
and then the son stepped up on the plat
form and got a card with his weight on IT,
and then they both looked at that with
evident interest.
And then suddenly something occurred
TO the boy and he threw up one hand in
front of his mother and pointed 20 the baby
at which they both laughed. The mother
had been weighed with the child I'm her
arms. fact which they at this moment had
for the first time realized.
Then they set out To weigh the baby.
The mother sat him down on the platform
of the scales and was going to hold him
there. for, OF course. the baby wasn't old
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-10-14

Detroit Journal.


Toledo has looked upon that second act
of 1.-The Proud Prince" and denies the faint
est impulse to blush. From what we
know of Toledo we really did not expect
her TO snow any embarrassment. Toledo
Is old enough TO know what she ought 10
see and how she ought TO feel about il. But
Toledo papers are using the occasion to say
impertinent things about our mayor, and
that is a very different matter. They are
specializing with insulting familiarity on
what mood Mayor Maybury was I'm when
he spread his fingers over his downcast
eyes and in his modesty called down the
wrath Of heaven on the play. That is en-
phatically none OF Toledo's business, what
ever. Without doubt there is no other
such source of innocent amusement in all
Detroit as the mayor. But We resent the
intrusion of any one who by long acQuaint-
ance has not won the privilege OF face
tious comment Moreover. IL there be one
topic of conversation that Toledo should
shun as the plague. that Is the topic OF
mayor. Toledo is ruled by Golden Rule"
Jones. Surely, We do not need to say any
thing about Mr.. Jones. or the two we
rather prefer our own Mr.. Maybury. For
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-10-14
THE PRICE OF OIL.
A Slight Advance Means Much tn Pee
pie Of Indiana.
Marion News-Tribune

Marion NeWS-lrlDune.
Few people realize what the advance IN
the price OF oil means TO the Indiana oil
field and its people," said the oil land owner
last night. Take my case" he continued,
II sell 200 barrels of oil each month At Is
cents. the low point this year, that oil 10
worth $50. To-day IL is worth at sil5 no
less than $500 or a gain In this one instance
alone OF $50 on the month or $50 for the
year.
IF oil goes to $50. as some people pre-
diet il viii. the increase on my one piece
Of land alone will amount To s1.1s0 a year.
Take this over the State, where the oil 10
found, and you can see what IL means
''rhe daily production OF the Indiana nsld
is 1900 barrels Of OIL To-day this daily OUT
put is worth ssl.o5o. against $3.50 few
months ago.
This means a difference OF SO daily for
the Indiana field or IL held for year. an
increase the value OF oil OF S.o6s06o. As
II Is the general belief that the price OF oil
will 20 up rather than down, and as IL
seems there are good reasons for this be-
lief the increase IN oil earnings may be
greater than indicated In the six figures
given. At any rate the Indiana OIL people
in general throughout the oil neld OF the
State win continue 10 hope for $l.5o oil. and
work towards that end"
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-10-14

some time Toledo has pretended to be hu-
inflated by the buffoonery OF her mayor,
and we insist that she continue TO rap the
heads of those about her own family board
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-10-14
HIGHER COURTS RECORD.
SUPREME COURT

1884 Sheal VS.. Dodge Elkhart c. G..
Anirmed- Hadley, jim all cases where a
nsnt or action depends solely upon a de-
mand for performance. such demand must
De made within reasonable time, and a
reasonable time is the period of the statute
OF limitations.
a0l4i. Block VS.. State. Huntington G. G.
Amrmed- Monks. c. il. In a prosecution
for a violation OF Section ao3 Burns. 1901.
by amdavit and Injunction, il is not neces-
sary 10 specifically describe the propertv
the defendant attempted to steal. nor aIleee
that the property had any value 2 To
question the exhibition of articles TO the
jury specific objection must be made
thereto O. Where the evidence shows that
. stranger from Chicago was discovered In
BIS house about the noon hour going
through the drawers OF a bookcase The
drawers OF a dresser in the same room
were open. but all said drawers were closed
IN the morning when b left the room. III
Is sufficient 10 show an attempt to steal
on the part OF the stranger.
204I. SHELTON VS.. Shoop. Pulaski C. C.
Oral argument denied.
20ls3. Grim VS.. Griffith Huntington G. c
Dismissed and leave granted TO withdraw
record.
20902. State OF Indiana ex rel Moses Fow-
Ter Chase vs.. Joseph NJ. Rabb, as Judge
original action. Respondents answer and
affidavit for Samuel +. Baird. Appellee
granted leave TO withdraw all affidavits
filed without prejudice. Ordered by agree
ment OF parties that brief on behalf OF JOS
eph IL Rabb be filed on or before Oct %
1893. and that brief on behalf of citator be
APPELLATE COURT.
t5os. Barricklow VS.. Stewart Ohio C. C.
Affirmed. Comstocks III. Unless good
cause Is shown, the acts OF the clerk of the
Circuit Court In issuing letters OF admins
z Sections $50 10 $3.50. Burnss Revised Stat
ufes, 1901, do not require the agent OF a
~refs COMPANY TO file his certificate In the
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-10-14
THE COURT RECORD.

New Suits Filed
Jessie Dacy vs. James Dacy; divorce. Cir
cult Court
Harry c. Cummins vs. Maud Cummins.
divorce Superior Court. Room 2.
The Delta independent., 1903-08-07
NOTICE OF ELECTION.

WHEREAS. petition signed by large mum
Der of the taxpayers of the Town Of Delta was
presented TO the Board of Trustees OF said town
oil the 18th day of June, 1908. and
WHEREAS, said petition prays that the Board
OF Trustees call sperial election, at which elec-
ton there may be submitted to the voters of said
Town Of Delta the question of issuing bonds Of
said town In an amount not to exceed Eighty
Thou and Dollars (sso.OJT to be applied, OF
as much thereof as may be necessary. in
procuring and con Structing Waterworks 10 sup
ply said town with water, and
WHEREAS, the Board of Trustees recognize
the importance Of such questi, II,
THEREFORE,, be 1t ordered by the Board Vi
Tr,istees'of the Town of Delta,
SECTION l. That II special election be held N
said town on Tuesday the 18th day OF Sep,em-
ber, 1903, ut the Old Town Hall in said town,
for the purpose OF permitting the qualified clcc-
tors Of said town to vote upon the proposition to
authorize the Beard Of Trustees Of said town to
issue the bonds oil said town In an amount not to
exceed Eighty Thousand Dollars csc, ,oOo) to sell
the same and with the. proceeds thereof TO pr-
chase the "Doughspoon' water Reservoir,
Springs and Reservoir sites and purchase Oh
construct Waterworks to furnish said town and
it, inhabitants with water for fire and domestic
purposes,
SECTION 2. That the electors qualified to!votc
at such election are qualified electors who have
paid property tax In said town within the yeai
preceding such election.
SECTION g. That tile form Of ballots tobe used
al said election shall be
The Delta independent., 1903-08-07
A New Scale on Trees.

An ineect known as Howard's scale
has lately appeared in plum sndlpear
orchards on the western slope. More
recently these scales have appeared on
white-ash shade trees in Denver and
may now be detected by the peculiar
appearance Of the foliage. The affected
leayes are deusly spotted with yeilowish
white along tine mid veins, which gives
them bleached appearance at little
distance. The light spots are caused by
scales upon the under surfaces aud they
can also be found rather abundsntly up
on the tender bark, near the tip Of the
twigs. so far, this species has mani
tested tendency to attack fruit, leaves
and tender twigs almost exclusively.
1t has demonsti ated it's ability to in
crease rapIdlyso as to appear in decided
ly injurious numbers AID also to su bsist
upon variety Of food plants, This pest
is close relative Of the San Jose scale
and special efforts should be made to
subdue it wherever it may b. found.-
Field L. Farm.
The Delta independent., 1903-08-07

There is now but little doubt
that the local union at Idaho
Springs was aware of the fact that
the buildings of the Sun and Moon
mines were to be dynamited. Yet
unions in general should not be
condemned for what others do.
In the first place men, who are
radically inclined should not be
SLOWED to join any kind of an
organization that is composed oi
fair and honest men.
1t does seem that before being
admitted to the union that some
requirements should be expected
of one. As it now stands many
of the local unions in the small min
ing camps sre controlled by tine
"tin- horn" element cr some radi
cal rattle head that likes to heal
himself talk and consequently does
nothing but agitate to the detri
ment of the unisn.
The Delta independent., 1903-08-07
The Worlds Fair.

Paul Wilson, commissioner in chief Of
the Worlds Fair for Colorado. was in
Delta Thursday comforting with the
business men and county commissioners
regarding an exhibit Of Delta county 3
resources at st. Louis next year. Mr..
Wilson is very enthusiastic over the
outlook and he received q hearty recep-
tioD. as the Delta county people are
anxious to show the world that this is
the very best f.uit county in the entire
Union. Exhibits will also be made from
this county OF honey, agricultural pro-
ducte, ETC.. and was promised the hearty
cooperation OF the state board Of Worlds
Fair Com nissioners.
We urge our citizens to do all in their
power to assist the commissioners in
this matter for it will be the greatest
opportunity we will ever have to show
our products and invite eastern investors.
The Delta independent., 1903-08-07

vet the field would not be over
crowded. 1t would necessitate
the reduction in area of individual
farms, but that is a thing to be
desired. 1t in turn would mean
an increase in the population Of
farming communities and of the
cities and towns dependent upon
the prosperity of agriculture.
There will be no difficulty in
finding market for all the sugar
that can be produced in Colorado
The railroads will not be slow to
make rates that will enable the
product to be shipped to distant
points beyond the limits of the
state, and with a proper adjust
ment of rates there will be no occ-
osion to fear the competition of
sugar from Cuba.
Colorado's soil and climate ad-
vantages in production of sugar
beets are SO great that this state
can compete with Cuba and, rec
ognizing this, capitalists will con-
Time to take advantage of the
opportunities presented. The ton
mage per acre and the percentage
of saccharine matter to the ton of
beets are both greater in Colorado
than in most other beet sugar pro-
ducing countries. In this lies the
local advantage of which Eastern
capitalists have already taken note.
Denver Republican.
The Delta independent., 1903-08-07

In this weeks issue, the Laborer
gives the socialists to understand
that they are to be dropped. In
other words that paper intends
to STOP" more gracefully than
in the past. The socialists must
feel bad about this, especially,
when everything that the Laborer
has advocated since the forming
of the Afro-American Alliance
has been defeated.
The Delta independent., 1903-08-07
Grave Problem Of immigration.

OF the many serious problems before
this country. one OF the gravest grows
out OF the unprecedently great volume
Of immigration now Gaming to our ports
and chiefly into the port OF New York
1t 10 also novel problem because the
sources from which these immigrants
almost wholly are new and strange
Races OF which there were only few and
scattering repress natives in the United
States twenty years ago now furnish the
The Delta independent., 1903-08-07
ROOM FOR TORE
SUGAR FACTORIES,

Reports are heard from time to
time of plans for the erection OF
additional beet sugar factories.
They are received with satisfaction
by every one who appreciates both
shat the future prosperity of Colo
agriculture is closely connected
with the development of the beet
sugar industry and that there re.
mains room for many more fac
tories.
The number of factories might
be multiplied by three or four and
The Delta independent., 1903-08-07
NEGROS GOING SOUTH

The fact that the negroes are
leaving Illinoise and southern
Indiana and are going south is a
suggestive comment upon the way
in which the blacks think of their
reception in the North.
The spirit of people living in
the North seems to be no more
hospitable so far as negroes are con-
cerned than it is in the south, and
the return of those who are leaving
Illinoise and Indiana indicates that
they have reached this conslusion
themselves. The South has advan-
tages for the negroes which out
weigh the professions of devotion
to their welfare which are uttered
from time to time north Of the
Ohio River.
Tile negroes belong to the south
and there is where a large majority
Of them will remain. The climate
suits them, and they are accustom-
ed to the kind of work they find
in that section. They are not re-
ceived on a.social equality by the
whites, but they are discovering
that the right and the opportunity
to work are of more practical value
than social equality, and in the
South their labor is needed anc
desired.
The Delta independent., 1903-08-07

c. T. Rawalt, of Gunnison, has
bought the Paonia Gazette, and
took charge this week. That part
of the county is pretty strongly
republican for one who has been
accused of favoring W. ]. Bryan
even in his looks.
The Delta independent., 1903-08-07

The permit system which is in
vogue in the state now is some
thing that will not prove very pop
nlar. One who cares to hunt don't
care to ask anyone for that privi-
lege-to ask for it and pay for it
too is going it pretty strong.
The Delta independent., 1903-08-07
Administrator Nc.iee.

Estate ofOLIvKR W. WRIGHT, Deceased.
Administrator n the estate If oliver W.wright
late of tile County Of Delta, in the State Of ColD-
RADIO. d, ceased, hereby gives n,tice that he will
appear before the county court Of said Delta
county, al the court house In Delta In said county,
at the August term. 1858. on the last Monday III
August next, at which time sll persrns having
quested 10 attend f,,r the purpose n having the
same adjusted. All persons indebted u said
estate are requested 10 make immediate payment
tb the unders gned.
Da' ed al Delta, Col lirado, this 9th day Of
July. D., 1908.
W. p. WRIGHT,
Administrator.
First pub. July 81 1873 last pnb. August u, 1908
The Delta independent., 1903-08-07
so,,e. Of Sal. u.d.r m.rts.e. Foreclosure.

Notice Is hereby given that pursuant to de-
cree and Judgment of foreclosure anil sale made
and entered III the county court OF tile County Of
iieita and State OF Colorado on the 9th day Of
July. 1893 in favor OF the plaintiff iu an action
wherein w. Irving was plnfniif and
Tliumas W. Irving WAS defendant. whereby ! am
commanded to sell the lands, ditch and water
rights in said decree mentioned, to make the
amount Of said judgRcnt up-wit, the sum Of Two
Hundred and Eighty-SiS Dollars and FOrty-Five
Gents (t2S4h) and interest thereon, together
with tile further sum of
81 costs. I, William Hunt as sheriff of
said Delta county, Colorado. will on the 22Ih
day of August. 1903, at the hour Of ten f0) O'clock
in the foreioon Of said day at the sUuth trout
dOor Of the county court house In the Town Of
Delta. Delta county, Colorado. Offer for sale at
publicaucton and sell ta the highest and best hid
der for cash IN satisfy the said Judgment, the fol-
lowing real estate, ditch and water lights, situate
lying and being In the said County Il Delta and
State Of Colorado, to-wit The south half af the
southeast quarter (si sela) section twenty mine
Ce.), township fourteen (ii) SOUTH range ninety
three (.1) west of the sixth principal meridian.
c,bRt aiming eighty (s0) acres more or less, t,
gether with and including all bitches, ditch and
water rights belonging to said land or necessary
for the proper irrigation thereof and an uh-
divided one half "a interest in and to the Big
Gulcl ditch and a Ike interest in and to the
wafer thereof.
Dated at Delta. Colorado. this 2sth day OF July.
A. D., 10U3.
Sheriff Of Delta County. Coloraio.
First pub. July 81 1905: last pub August 81 1908.
The Delta independent., 1903-08-07
FOR wATERwoRKs BONDS
AGAINST wArERwoRks BONDS

Those voting In favor Of tlie issue Of Eighty
Thousand Dollar waterworks Bonds shall place
a cross mark in ink opposite the words "For
waterworks Bonds" and th',se voting against
the issue Of Eighty ThouSgnd Dollar Water
works Bonds shall place crOss mark In Ink
opposite the words Against watsrworkz
Bonds"
SECTION I. The Judges Of said election shall
prepare separate ballots ~ above provided aud
shall also prepare separate ballot box To
receive such bsliots and the polls shall be
opened at O'Clock a.. m. OF sid DAY aud closed
ut O'Clock y. IN. Of said day.
Passed, approved and ordered published this
7th day Of August A. D.. 1908.
II. A. JOHNSON. Mayor,
J. E. BECKLEY. Clerk.