davidaulloa/AmericanStories huggingface dataset:
Sistersville daily oil review. [volume] (Sistersville, W. Va.) 1902-1905, 1904-02-12
Ohio Supreme
Court Decision

The oil case carried up from the
Washington county, Ohio courts on
error by the Murdoch West Com
pany, of Columbus, In which S. B.
Logan ct al, of Marietta, Ohio were
defendants in error, was reported as
follows by the Supreme court:
Davis, il. An oil lease for
and during the term OF sixty days
from the date thereof"and as much
longer thereafter as oil or gas shall
be found In paying quantities, CON
tanned the following language:
"The drilling of one we'll to be
commenced on these premises with
In sixty days from the execution OF
this lease, unavoidable delays ex
cepted, and In case Of failure to
commence drilling we'll within
such time as herein specified,
the parties of the second part
agree to pay the parties OF
the first part, for such delay,
the sum of fifty dollars per
month from the time limited for
completing such we'll, payable by
check In advance or directly to the
party OF the first part, and the par
ties of the first part agree to accept
such sum as full consideration and
payment for such delay until one
we'll snail be completed unless this
lease Is surrendered before said
payment Is due. 1t Is hereby ex-
pressly agreed that a failure to
commence, prosecute and complete
the drilling of any we'll or wells or
to pay any rental hereinbefore men
toned within the time limited for
the same shall render this lease
null and void" This language Is
ambiguous, and whether the pay
meut of fifty dollars per month as
therein stipulated may be coz
strued as payment Of rent, thereby
extending the term of tn lease, as
claimed by the lessees, or whether
it must be construed as payment
of liquidated damages for delay, as
Is claimed by the plaintiffs, IS not
decided; but on the hypothesis
that the term was extended for 90
DAYS 10 addition to the original
term, the lesseeS could not hold over
longer than such additional time
unless they actually found and pro
cured oil In paying quantities with.
In that time. A fudiug of iudica =
tons of oil or the existence OF con
ditions which rendered 1t probable
that oil In paying quantities would
be found If the we'll were operated
In a certain way, Is not sufficient OF
itself to extend the term of the
lease.
The stipulation In the lease
that the term shall continue las
much longer thereafter as oil or
gas shall be found in paying guam,
titles" requires that Of! or gas
shall be actually discovered aud
produced In paying quantities with
In the term.
3 Upon the hypothesis that the
payment Of fifty dollars per month
under the stipulations of the lease.
was payment of rent. the failure OF
the lessees to pay Fifty dollars for
the month from April ~, 1900, to
May ~, 1900 rendered their lease
null and void from and after April
22, 1900. Reversed and judgment
for plaintiffs.
Sistersville daily oil review. [volume] (Sistersville, W. Va.) 1902-1905, 1904-02-12
MARKET QUOTATIONS.
Monoe Co, Ohio

7. II. Kuhns & Co.'S we'll at
Jerusalem which was drilled In on
Saturday Is good for 80 barrels
natural In the Keener sand. This
strike Is a very important one as It
surely looks now as though 1t was
going to open up another Keenlr
sand pool such as the one that was
opened by the Unity Oil company
on the Harper and Mann farms.
The Pure Oh Co.'S we'll on the
George Wahl farm IS not progress
sing very fast, they have the tools
stuck at depth of 100 feet and
they have been fishing for a week
but don't Seem to be making any
Roadway.
Hartman Oil Co s we'll on the P.
Neibch farm south of Monroeheld
was drilled In the Keener sand
Tuesday and Is dry. They will drill
to the Iujuu.
The Unity Oh Co.'S well on the
Eager heirs, williamsburg, was
drilled In Saturday and will make
a 40 barrel producer from the Keen
er sand.
UNITY Oil Co.'S Booth Berry we'll
No. II at Jerusalem is drilling at
the depth of 500 feet; the rig for
No. IL on the same farm Is being
built.
The Fisher Oh company we'll on
the Resecker farm was drilled In
the Maxon sand Tuesday and IS
showing for nice we'll In that
formation.
Traders Oil CO. & Mooney have
their rig completed on the J. Seigle
farm south of williamsburg and will
start drilling at once.
Oh and gas production In Kan
sas Is increasing rapidly. The pro-
ductive area Is about 20 nties wide
and IA, miles.
The American Oh company are
starting to GRILL their we'll No. 4 on
the Joe Johnson farm between
Woodsfeld and Graysville.
The Carter Oh company's we'll
on the J M. Hogue farm south OF
Lewisville expect Ito reach the
Keener sand about Saturday.
Beallsville parties have located a
we'll on the George Griffith farm
southeast of the Gibbons we'll at
Jerusalem.
Charles E Soliday's we'll on the
Nally farm Is In the lime sand and
shows for good gas we'll from
this sand.
The Fisher OIL company's we'll
on the McKelvey farm at Round
Bottom will be finished the last of
this week.
The Keener Oh! aud Gas com
pany drilled IN small Berea grit
we'll on the J. Smith farm at Smith
Mills.
Uuity Oil compauy's rig No. 5
on the Rgger heirs, williamsburg, is
completed ard drilling about com,
nenced.
Stewart & Price and others com
menced drilling taeir No Cline al
Mecanicsburg Tuesday.
FL. Mooney & Co. have located
Sistersville daily oil review. [volume] (Sistersville, W. Va.) 1902-1905, 1904-02-12

Japan fighting Russia In Korea
will be much the same as If the
United States and Great Britain
were at war In Canada. The Jap
anese will have all the advantage of
being near at home and close to
their base of supplies.
Sistersville daily oil review. [volume] (Sistersville, W. Va.) 1902-1905, 1904-02-12

Probably the II foot skeleton
found the other day In Nevada be.
+longed to one of the young men
who took Horace Greeley's advice
to 90 West and grow up with the
cOun try.
Sistersville daily oil review. [volume] (Sistersville, W. Va.) 1902-1905, 1904-02-12

The Russo japanese war aud the
great Baltimore FIRE which destroyed
thousands cases of canned goods
will cause sharp advance In the
market get In on our special price
Saturday positively the last chance
N. A. Sybert Grocery company.
Sistersville daily oil review. [volume] (Sistersville, W. Va.) 1902-1905, 1904-02-12

He needs a tonic,
something that will
restore the keenness
of mind and activity
of body.
DR.. Pierce's Golden
Medical Discovery
puts new life into
weak WORKOUT, run
dow n m en- an d
women. 1t strength
ems the weak stom-
&C h, purifes t h e
blood, and effect
lively stimulates the
liver. The whole
body is built up with
sound, solid flesh by
the use of vGolden
Medical Discovery"
Al was confined 10 my
bed for four months
from January lst, 1899,
and commenced TO take
your medicine January
2eth. 1892" writes Mrs.
Sallie L. Sheppard, of
Poplarbluft Mo. 81
took eight bottles OF DIR,
Pierce's Golden Med
ical Discovery, four of
'Favorlte PRESCRIPTION,
two walls of Pleasant
Pellets and one bottle
of Doctor Pierce's Com
pound Extract Of Smart
Weed, as q liniment.
INDIGESTION, obstinate
Sistersville daily oil review. [volume] (Sistersville, W. Va.) 1902-1905, 1904-02-12
LuOthsr Case OF Rhea matisun Cured b,
CHANT ePlain's Pain Balm,

The efficacy of Chamberlain's Pain
Balm In the relief of rheumatism Is
being demonstrated daily. Parker
Triplett. of Grigsby, Va, says that
Chamberlain's Pain Balm gave him
permanent relief from rheumatism
In the back when everything else
failed, and he would not be without
1T. For sale by G. W. Grier.
Sistersville daily oil review. [volume] (Sistersville, W. Va.) 1902-1905, 1904-02-12

Whisky is being sent into the
Kansas oil field In electric illumi.
nation bulbs under the head OF
light refreshments.
Sistersville daily oil review. [volume] (Sistersville, W. Va.) 1902-1905, 1904-02-12

IL addition to other formidable
weapons, two of the new Russian
battleships are armed with such
names as Besposchadni and Bles
'tyaschtchi.
Sistersville daily oil review. [volume] (Sistersville, W. Va.) 1902-1905, 1904-02-12

Uncle Sam will 5000 begin work
on that great canal.
Sistersville daily oil review. [volume] (Sistersville, W. Va.) 1902-1905, 1904-02-12
TEEE AX
of toughest steel
becomes dulled

BY constant use and must have new
edge if it is to do good work. Constant
work dulls man as it does an AK, makes
him sluggish of body and dull of mind.
The San Francisco call., 1904-04-09
QUICKLY ACCOMMODATES
BFIIIGERENT LAWYER
Prosecuting Attorney Leach Switches
a Motion TO Dismiss Case Into
Demand for Trial

OAKLAND. April s.-R. E Stubbs,
a young attorney. who has twice been
arrested on complaint OF his father
in-law. J. 5. Sheppard. for alleged
neglect OF his child, was compelled to
make q plea and prepared for trial
to-day in the Police Court because his
attorney spoke too quickly
Prosecuting Attorney A p. Leach
was about TO move dismissal of the
case after a6monishing Stubs that if
he appeared again on the same charge
prosecution would follow.
Wei. II it does we shall be here
10 fight il, interrupted Attorney
Gentry.
II that's the way you feel about
it" replied Leach. this is as good
time TO fight as any. 1 have no mo-
ton TO make"
In that case we shall have to take
the defendants plea. said Police
Judge Smith
Not guilty" came Stubbs' an
nouncement The case was continued
for trial.
The San Francisco call., 1904-04-09
UNIVERSITY GLEE CLUB
WILL GO TO ST. LOUIS
Student Songsters Will Tour the
Eastern States and Pay Their
Own Way.

BERKELEY, April S.-The Glee
Club Will go to the st. Louis fair this
summer, and besides singing for the
visitors there will tour the Middle
West. This is the first time the club
has undertaken such an extensive trip.
Twenty.eight members and the direc-
tors, DR.. Stewart and j. c. Black, will
compose the party. 1t will cost them
individually $40 for the trip and it is
estimated that enough money will be
cleared to pay the entire expenses of
the journey. After the club reaches
st. Louis. If any surplus remains above
expenditures it will be divided pro
rata among the members, until the
deposit is covered. All in excess will
go into the treausry of the Associated
Students. The Glee and Banjo clubs
will give number of concerts in CAL
ifornia before going to ST. Louis in
the latter part of May and one will
he held on Tuesday, April IL, In Har-
mon gymnasium.
The San Francisco call., 1904-04-09
WILL SING
IN GREEK THEATF,R
rive Hundred Little Ones Will Join
in Concert Songs at the Greek
Opcn-Air Theater.

BERKELEY, April S.-Five hun
dred public school children will sing
in concert tomorrow afternoon in the
Greek Theater at the University of
California. This is the concert that
was postponed two weeks ago on ac-
count of the rain. 1t is designed to
raise money with which to provide a
fund for the equipment of the juvenile
department in the new Carnegie
Library and large sum is likely to
be raised. The children have sold sew
eral thousand tickets and a great
crowd is looked for in the classic
theater tomorrow.
The children have been trained un-
der the direction of Mrs. l.. v
Sweesy, supervisor of music in the
public schools. They will sing a num-
Der of songs as group. Two or three
of the schools have formed glee clubs
of fifty voices and these will sing sna-
cially arranged songs.
The San Francisco call., 1904-04-09
DRUNKEN MAN
TRIES TO KILL
James +. Sullivan, a Marine
Engineer, Beats Two Men
and Shoots at Another

OAKLAND, April S.--James F.. SuIh-
van, marine engineer working in San
Francisco and living at 1919 Delaware
street, West Berkeley, started to clean
out the street on which he lived this
evening. He came home drunk. beat
two men with revolver and took q
shot at one and he is now in Jail.
The first man he attacked was Dan
lei Foley, who lives at 1908 Delaware
street Foley was standing in his own
doorway talking to Charles Crane
when Sullivan walked up the steps
took shot at Foley's dog by way of
q starter and then struck Foley in the
face with his revolver. Foley thought
he was shot, fell through the door and
then ran out of the back of the house.
Sullivan pursued fianking tactics and
went around the house in time to see
Foley coming out of the back door
He fired a shot at Foley, who jumped
the fence. Then Sullivan met s. M
Trowbridge, an aged man, and he hit
him over the head with the revolver
BY this time the neighborhood got on
his trail and he was arrested. DIR. Glad
ding dressed Foleys wound, which is
not serious.
The San Francisco call., 1904-04-09
WOULD SHARE
LLOYD'S MONEY
Another Attack on the Will
of Deceased Capitalist Be-
gun by Alleged Daughter
ASKS FOR CHILD'S SHARE
Mrs. Elizabeth Nix Brings
an Action and Wants
About 100000 From Estate
Oakland once San Francisco Call,

Oakland Office San Francisco Call,
111S Broadway. April s.
The will of the late Charles r. Lloyd
is to be the subject of another attack,
which will be based upon alleged
looseness in Lloyd's morals.
Suit was begun this afternoon by
Elizabeth Lloyd Nix, who AYERS that
she is the daughter of Lloyd by wom
an with whom Lloyd lived at Bristol.
England, in the year 1862 and who
was subsequently brought to Califor-
MIA by him and lived with him in
Oakland. The DECEASED made provi-
sion for both mother and child in his
will, but left them only $1,000. whereas
Mrs. Nix states that the deceased had
promised to leave her an equal share
with the other children. Under this
alleged promise she lays claim TO
two -ffteenths interest in the estate,
which has been appraised at $GO0,OO0-
The relation of Mrs. Mary Skan
Lloyd and her daughter, Mrs. Nix, to
Lloyd was fully gone into at the
trial of the will contest begun by young
Frederick Lloyd against his fathers
last testament. Mary Skan said at
that time that she had passed as
Lloyds wife in England previously to
his coming to this country. After he
had been here some years he wrote for
her to come to California, and sent
them money for their passage. At
that time he had been divorced from
a wife he had married. and he lived
with Mrs. Skan and her daughter in
apartments fitted uD by him.
In the complaint filed to-day Mrs.
Nix states that Lloyd promised to
make provision for her as of one of his
recognized children, but that when his
will was read it was found that he
had left her but $4,000 and the mother
$4,000. She now asks for an equal
share with the other children. which
she states is o-fifteenths of the 5000, A
900 estate, or in the neighborhood of
$50, ,O00 The suit is brought by Heller &
Powers of San Francisco and NJ. c.
Chapman of this city.
The San Francisco call., 1904-04-09
PAYS HEAVILY
FOR HIS CRIME
Luigi 0rio Must Spend Thir-
ty-Six Years in Folsom for
Murder of /. GratZian0
THINKS VERDICT WRONG
Judge. in Pronouncing Sen
tence:: Says He Cannot See
How Decision Was Reached
Oakland Office san Francisco Cali
Ills Broadway. April S.

Ills Broadway April 5.
Luigi Orio. q young Italian convicted
Of the murder Of L. Gratziano. was sem
tenced 10 thirty-six years imprison-
ment at Folsom penitentiary this
morning by Judge Hall The jury found
him guilty Of murder in the second
degree. the minimum penalty for which
is ten years and the maximum life A
distressing scene ensued when the
court pronounced sentence The young
man broke down and cried and the
father was 50 overcome that he had
10 be LEO out Cf the room.
The crime for which OriO was con-
victed was a particularly vicious one
He Quarreled with GratzianO, who was
his friend. over money matters one
afternoon and that night he met Grat-
zisno with his 12-year-old son and shct
him. The victim fingered for weeks,
but finally suceumbed 20 his wound
The testimony Of the lad convicted the
murderer Of his father.
Speaking in reply to a plea for the
mercy Of the court made by Attorney
A l. Frfck. Judge Hail stated that
he did not see how the jury could log
icsly have arrived AZ sucn verdict,
and that he himself believed the man
guilty of murder in the first degree
The sentence. however, he said would
accord with the verdict
The plea for mercy was made on
account Of Orios age, which is less
than 25 years. and also on the fact
that the crime was not premeditated,
which Was implied in the verdict rem
dered- An attempt, partly successful,
was also made 10 show thaC Luigi had
borne good reputation, and this
Judge Hall considered when passing
sentence
The San Francisco call., 1904-04-09
NEEDS CASH TO PAY FEES
ALLOWED BY THE COURT
Hermann Oclrichs Files Petition for
Leave to Sell Portion of the
Fair Estate.

Hermann Oelrichs, administrator of
the estate of the late Charles L. Fair,
yesterday filed a petition for an order
of court allowing him to sell part of
the personal property left by Fair
He AYERS that it is necessary to dis
pose of some of Fairs stocks and
bonds to raise funds to pay his fees
as administrator, which amount to
$45,10S, and $150,000, the fee allowed
his attorneys by Judge Cook. He
wants the property disposed of by
private sale.
Oelrichs says the following securi-
ties should be sold if his petition is
granted: Ninety-five first mortgage
bonds of the Northern Railway of
California, twenty-five first mortgage
bonds of the Los Angeles Railway
Company, $50 shares of stock in the
Selby Smelling and Lead Company
end 240 shares of stock in the Mutual
Savings Bank of San Francisco.
The San Francisco call., 1904-04-09
SCAVENGERS' CASES ARE
PLACED ON CALENDAR
Thirty-FOur Charges Are Docketed in
the Police Court and Police
Cease Making Arrests.

OAKLAND, April S.-Thirty-four
charges against scavengers arrested
for alleged violations of the garbage
crematory ordinance were divided to-
day between the two Police courts, but
continuances in all of the cases were
granted until Monday. Attorneys for
the men arrested are preparing to test
the legality Of the ordinance. Their
present programme is to demur to the
complaints that will be filed in order
to get to the legal phases of the con-
troversy by the shortest route.
In view Of the large number of ar
rests that were made yesterday the
police have been instructed to desist
from making further arrests until
some progress has been made in the
courts with the cases on the calendar
The San Francisco call., 1904-04-09

MUST REGISTER
Authorities of University
Take First Step to Guard
Health of the Students
Berkeley Office San Francisco Call,
214S Center Street, April s.


214S Center Street, April 8.
If the student boarding house keep
ers of Berkeley want the patronage of
the University of California they will
have to permit an official inspection of
their soups and pies and then see their
names posted on the boarding house
roll of honor.
All this red tape is designed to put
greater safeguards around the health
of the students. The university au-
thorities wish to head off any epi-
demic that might possibly occur
through poor foods or bad drainage. 1t
is desired that Berkeley be guarded
against any such visitation as that
which destroyed so many students at
Stanford last year.
The initiative was taken yesterday
by the deans of the various colleges,
who adopted resolutions calling for
such a system of inspections. To-day
the Academic Council took uD the rec
concentrations of the deans and after
modifying and celebrating them some
what passed them unanimously. Now
the quality of Berkeley's boarding
houses is in a fair way to be greatly
improved.
The San Francisco call., 1904-04-09
BOARD DEMANDS THAT HALL
HAND IN HIS RESIGNATION
Discredlted Policeman
False Statement
Patrolman SIN; h

OAKLAND, April S.-The Board OF
Police and Fire Commissioners this
afternoon demanded the resignation OF
Policeman A. ]. Hall, one of the re-
Gently appointed patrolmen, whose
contradictory stories conc erning his
part in an encounter with burglars in
North Oakland led to the filing Of
charges against him. But the Com
missioners did not get so far as to
investigate accusation that reflected
upon Hairs bravery as a police officer
The board first heard a charge that
Hall had fslsihed concerning his state
mert that he had on q certain night
reported off to Sergeant of Police
Lynch at Thirty fourth street and San
Pablo avenue. Sergeant Lynch testi-
fed 10 the fact that Hall did not so
report and the accused policeman
pleaded guilty to the offense.
After consideration the board in ex-
ecutive session voted to direct Chief of
Police Hodgkins to get Halls resig-
nation.
While the graver charges were not
heard" said President McElroy, "the
board decided that for the good of the
department Hall should be retired 1t
does rot appear that he has the quail
ties that go to make a good police
mar
The Chief Of Police reported to the
board that he had suspended Patrol
mar w. II. Smith for two days. Chief
HodgSins caught Smith taking his
ease on the counter in a Japanese shoe
store at 1918 San Pablo avenue instead
of patroiling his beat Smith offered
no defense.
After hearing considerable testimony
the charge of using vulgar language
made by Charles Oliver of West Oak
land against Patrolman Cornelius
Keefe was not sustained. Oliver claim
ed that Keefe had insulted him. The
policeman, who has a star record as q
peace preserver, denied the charge.
Charges made against Policeman
John p. Seaman by John J. Mulvey,
crippled neYsboy, were continued for
two weeks. Mulvey's case of battery
against Scanlan is in the Police Court.
where il has been continued until April
rs The board has deemed it advisab BILE
to wait a reasonable length of time
pending the disposition of the case in
court before proceeding with it's inves-
tigation
Mrs Isabelle ]. Martins complaint
against Police Matron Reed that she
vas uuduly exposed under search at
the City Prison was laid over for a
week
The San Francisco call., 1904-04-09
BUTCHERS REFUSE
TO MAKE CONCESSIONS
Employers Form an Organization Cow
ering Alameda County and VIII
Continue Lockout

Il
OAKLAND. April S.-The Butchers
Exchange of Alameda County was or
ganized to-day and q constitution and
bylaws adopted This exchange con-
sists Of nearly all of the retail butch
ers Of Alameda County and comprises
the men that have been fighting the
union for the last few weeks. II is in
tended to make the organization per
manent and to keep all of the retail
men in line against the union. Those
that do not come into the orga nization
viii not be able to secure supplies
from the wholesalers.
A rumor was started that the en-
ployers intended to treat with the
locked out union men, but E. A.
Young, who is the press representa-
tive Of the new organization. said that
the employers had all of the help
they wanted and had applications for
work on file: that the union would
not be treated with, and that it had
been decided to make no concessions
to the men and to continue the stand
that had been taken-refusal TO en-
ploy union men.
The San Francisco call., 1904-04-09
Private Detective Arrested.

OAKLAND, April S.--Thomas Greer,
a private detective from San Fran
cisco. who was acting suspiciously at
Sixteenth and Franklin streets last
night, was overhauled by policeman
and sent to the City Prison after a
search Of the spying strangers gar
ments had brought to light a loaded
pistol Greer vainly protested that he
was engaged in the important task Of
shadowing a clients wife. The ex-
planatiOn did not serve. Greer pleaded
guilty in the Police Court to-day, but
sentence was deferred