davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1904-12-12

DeBARDELEBEN V. BESSEMER LAND
 & IMPROVEMENT COMPANY. Decree sustained Injunction-Appeal
 from the Chancery Court of Jef-
 ferson.
 i. Corporation; fiduciary relation existing between president and cor poration; resulting trust-When the president of a corporation prospects for and develops lands. on behalf of such corporation, and with its iaborers and money, all of which were paid under his direction. as president, by approv- III of individual members of the di- rectory. upon his representation that he was arranging to lease the lands for the benefit of the corporation and never suggested that he wanted an in- terest in them for himself. any benefit from such investigation and lease be- long to the corporation. As an officer and agent of the corporation, his trust disqualified him from acquiring any interest in the lands to the det- riment of that which had been ac- quired by the corporation.
 2. Same: same: agreement.--1n ap- plication of this principle, trust may be established. in the absence of any agreement therefore. in writing or pa- rol.
 Affirmed
 Opinion by Sharpe. J.
The Montgomery advertiser., 1904-12-12
therefore. the said act is unconstitu-

therefore. the said act Is unconstitu- tional and void.
 3. Legislation; what constitutes a report of q conference committe.-A conference committee of the Legisla- ture is composed of two distant com mittees from each house of the Legis- lature. and each of these committees must act by a majority; and. there- fore. 1t is essential to a valid report of a conference committee of the Leg islature that such report must be signed by a majority of the members of each house composing the confer ence committee.
 Affirmed.
 Opinion by Mcclellan, c. J.
The Montgomery advertiser., 1904-12-12
Iiouefie. Gas.

A German chemist named Blau has succeeded in liquefying Illuminating gas, in that form giving I good light. which is useful in country houses, rail- way trains etc. It costs more than ordinary coal gas. but less than cleo tric light.
The Montgomery advertiser., 1904-12-12
ASSOCIATION ORGANIZED.

Opinion by Haralson, J.
The Montgomery advertiser., 1904-12-12

LOUISVILLE & NASHVILLE R. R. COMPANY vS. ELIZABETH SMITH. Action to recover damages for mali
 cious trespass-Appeal from Lime
 stone Circuit Court
 Trespass; rightful possessor may sue for.--The rightful possessor Of lana. whether having the legal title or not. may properly sue for a trespass there- to.
 License to enter land; when operates as conveyance.-A license to enter land. not coupled with grant or con- tract. cannot operate to convey land or to create an easement.
 Advice of counsel: when not con- sidered in mitigation of damages Advice of counsel. not shown to have been based on the facts of the case, cannot be considered in disproff of me- lice or mitigation of damages in an action of trespass.
 Malicious trespass; amount Of dam ages,-For a malicious trespass in- furious to real property, exemplary damages may be awarded.
 Same: evidence of ,malice.-The act of intentionally injurfng property in known violation of the possessors rights therein is evidence of malice. et
 Same, dana ges.-Where there is such . violation of plaintiffs property as to entitIe plaintiff to recover at least nom inal damages. whether or not dam ages greater than nominal were sus- tained. the existence of such greater actual damages is not an essential predicate to the imposition of exem- plary damages.
 Affirmed.
 opinion by Sharpe. J.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1904-08-09
BASEBALL SCORES.
American League.
At Chicago, p; Philadelphia, 5.
At st Louis, 2; Washington, Z.
Taken With Cramps.

VIM. Kirmse, a mem Der Of the
bridge gang working near Little
port was taken suddenly i'll
Thursday night with cramps and
a kind of cholera. His case was
so, severe that he had to have the
members of the crew wait upon
him and Mr.. Clifford was called
and consulted. He told them he
had a medicine in the form of
Chamberlain S Collie, Cholera and
Diarrhoea Remedy that he
thought would help him out and
accordingly several doses we're
administ tered with the result that
the fellow was able to be around
next day. The incident speaks
quite highly of Mr.. Gifford's
medicines Elkader, Iowa, Ar
gus. This remedy never fails.
Keep it in your home, it may save
life. For sale at Barker's Drug
Store. "a
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1904-08-09
Catarrh Cannot be Cured

by local applications, as they can
not reach the seat of the disease.
Catarrh is a blood or constitu-
tional disease, and in order to
cure it you must take internal
remedies. Halls Catarrh Cure is
taken internally land acts directly
on the blood and mucous surfaces.
Halls Catarrh Cure is not quack
medicine. 1t was prescribed by
one of the best physicians in this
country for years and is a regu-
lar prescription. Its composed
Of the best tonics known, COM
bined with the best blood puri-
fiers, acting directly on the muc-
Gus surfaces. The perfect com
bination Of the two ingredients is
what produces such wonder re-
suits in curing Catarrh. Send for
testimonials free.
r. J. CHENEY g. Co.,
Props, Toledo, 0.
Sold by druggists, price 75c.
Take Halls Family Pills for
constipation.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1904-08-09
BRIEF BITS OF NEWS.

After a shutdown of two weeks the
China, Pembroke and Webster cotton
mills at Suncook, N. H., started in
part Monday, the 1000 operatives re-
turning under a reduction of 1919 per
cent in wages.
Third Assistant Secretary of State
Pierce began a formal hearing Mon
day of charges filed against Consul
General Goodnow of Shanghai Mr.
Curtis, Shanghai lawyer, appeared to
support the charges.
General Wade, commanding the
Philippine division, has cabled the
war department that the newspaper
reports that a number of Filipinos
were massacred at Malabang about
May IL were entirely without founda
ton.
President Roosevelt has declined tc
interfere in the case of John w. Bur
ley, a negro confined in the Jail of the
District of Columbia under sentence
of death for the crime of criminal as
sault, the victim having been little
girl four and half years old.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1904-08-09
as necessary to alleviate the

was necessary to alleviate the
pain.
P. M. Dicaire made a business
trip to Northome last night.
Mrs. Horles left this morn.
ing for trip to the twin cities.
Mrs. Garry Bremen left this
morning for St. Cloud, for two
weeks visit with friends and
relatives.
A.Lessard and John Meyer,
two genial gentlemen from Cass
Lake, spent yesterday in the city
renewing acquaintance.
Skunks are reported very
numerous by camping parties at
the north end of the lake and are
said to be very trou blesome to
campers in that vicinity.
The mum Der of raspberries in
the vicinity Of Bemidji is excit-
ing many large parties Of berry
pickers and each evening a large
amount of the luscious fruit IS
brought into the city.
J. 0. Harris, the Tenstrike
hotel man who aspires to be
register of deeds after the fall
election, is spending the day in
the city strengthening his politi-
cal fences.
George Fleming returned this
morning from Lake Itasca where
he in company with A. Narveson,
Arthur Kirsh and Misses Grace
Lyons, Blanche Woodward and
Dot Kiehm have been the guests
of Mr.. and Mrs. Heinzelman.
The balance of the party will re-
main another week.
Messrs. Scharf, Slipp, Golden,
Bailey and McCarty and the
Misses Marion Kaelble, Maude
Bailey, Nellie Bailey, Blanche
Boyer, Helen Grant, BERTHE Bran
non and Buelah Brannon are
camped at the head Of the lake
and are having an excellent time.
Mrs. L. Fl. Bailey is chaperoning
the party.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1904-08-09

house and will be of corrugated
iron.
Cool off at Peterson S ice cream
parlor.
Joseph Carter of Tenstrikt
was in the city yesterday.
Hereafter the Palace Cafe viii
serve special midnight dinner
every night.
Abe Wyler made a trip t.
Northome last night, returning
this morning.
w. M. Ross has a competent
mechanic to do all kinds of tir
and sheet metal work.
Pat Cassin, the veteran home
steader of Nebish, called or
friends in the city yesterday.
Midnight dinner. Palace Cafe
! Midnight dinner. Palace Cafe
Midnight dinner. Palace Cafe
B. L. Benton, representing a
Duluth wholesale house, called or
the drug trade in the city yes
terday.
! Dressmaker wants sewing by
the day, good work, and price
reasonable. Call 313 Bemidj
Ave.
Ted Smith left for st. Cloud
this morning to attend the Red
Men convention being held in
that city.
I At the council meeting last
night a numb Der Of bills were
allowed and the routine business
was transacted.
If your bicycle is broken or
your gasoline stove is out of or
der take it to w. M. Ross and
have it repaired.
3. b. Mcdonald left today for
Thief River Falls, where he will
conduct the transfer of 100000
ties from Thief River Falls to the
500.
Prof. Stewart was passenger
to Northome last night. He will
go from there through the big
swamp to visit his homestead on
the Big Fork.
Pineapple sherbet at the Grill.
The divorce case of Hiltz VS..
Hiltz is being heard before Ref
cree Loud today. Bailey & Nc
Donald are attorneys for the
plaintiff, Mrs. Hiltz.
[ have for sale several tracts of
government land that may be
entered as homesteads. Some
timber and good farming land in
40, so or 100 acre lots. M. b.
ThurstOn.
Miss Christina Dicaire sus-
tanned very painful but not ser
ious injury last night. She
started to come down stairs when
her foot slipped and she fell head
long down the entire flight. Her
face and head were bruised in
the fall and medical assistance
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1904-08-09
Cholera Infantum.

This disease|has lost it's terror,
since Chamberlain's Collie, Chol-
era and Diarrhoea Remedy came
into general use. The uniform
success which attends the use of
this remedy in all cases of bowel
complaint in children has made it
a favorite wherever it's value has
become known. For sale at Bark
er's drug store.
There is no lever so powerful
as plain and simple facts-Mark's
Lung Balsam will cure your
cough.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1904-08-09
THE CITY
Go to Hakkerup for photos.
Pineapple sherbet,at the Grill

Pineapple sherbet,at the Grill
Midnight dinner at the Palace
Cafe tonight.
A. Klein left this morning for
a short visit at Guthrie.
The best is the cheapest. Ives
ice cream at Peterson.
Midnight dinner at the Palace
Cafe ready every night at 11:3O
DR.. Marcum made a profes
sional call to Tenstrike last night.
Have Ross put up your cave
troughs at right price. Phone 113.
Fred Eberline returned this
morning from a trip up the
line.
Nothing can be better than the
best-Mark's lung Balsam is the
best.
Always a complete stock of
the best fruit in the market at
PetersOn's.
r. Tonskemper passed through
the city last night on his way to
Blackjack.
Why balance on the verge of
consumption when Marks Lung
Balsam will cure.
VIM. Lennon of the town of
Shotley Brook has opened a new
saloon at Kelliher.
The only pure and therefore
wholesome ice cream the Ives.
Served at Peterson's parlor.
S. N. Reeves has contract for
building a 24x36 addition to the
Naylor furniture store. The adj
dltion will be used as a ware
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1904-08-09
On Long Visit.

Mr.. and Mrs. W. r. Morrison
left this morning for an extens,
i've visit to Ann Arbor, Mich, and
Sarnia, Canada, where Mr.. Nor
rison's parents reside From
Ann Arbor they will go to Chi.
cago, where Mr.. Morrison will
complete a course in the study
of the ear, nose and throat. They
will be absent from the city
about four months.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1904-08-09
Puts an End to it All.

A grievous wall oftimes comes
as a result of unbearable pain
form overtaxed organs. Dizziness
Blackache. LIVER cmplaint and
Constipation. But thanks to Dr..
Kings New Life Pills; they put
an end to all. They are gentle put
thorough. Try them. Only 25c.
Guaranteed by all druggists.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1904-08-09
concluded from Page q


sion of contagious and in
fictitious diSeaSeS.............. 5000 90
Assessing nnOrganiZed terri
tOfy.......... 4OO w
For road and Bridges. ................ 5000 90
For care of pauperS Observation-Disclosures. 5000 0O
For interest on $500 90
For payment of principal of same as
they fall due 800 90
Total ST., 400 90
Respectfully submitted
SEALED D. L. SYLVESTER,
County Auditor.
On motion, the following resolution was
adopted:
RESOLVED. That there be and there is
hereby levied upon all the taxable property
OF the county OF Beltrami, State of Minnesota
the following sums of money for the current
year. tO-Wit:
For the county revenue fund.-. $50. 400 co
For the county poor fund. 5000 90
For the county road and bridge fund 5000 90
For sinking fund, for the payment
ana principal on bonds as they
Total 80 400 90
On notion licenses were granted to the
following parties to sell intoxicating liquors
in the town Of Spooner J o Gown. Jno Ky
On motion,a license was granted to Kolstad
and Elom to sell Intoxicating liquors in town
ship 161 range a.
On motion. the bond of Kolstad and Flom
with Felix FOu1net and j Friend Holmes as
surtes was approved.
On motion. the bond OFF 0 Gown with A M
w
approved.
On motion. the petition Of Neuman and
9thers for the organization of a new school
motion the following resolution was adopted: :
Resolved. Th Tit is by this board ordered
that school district be. and the same is here
by. formed within the town of Moose Lake in
The County of Beltrami. State Of Minnesota.
bounded and described as follows tO-wit:
Town l47, Range 30, sec 4, 3, g. 1, g. TO- II, II,
10. a. the same to be school district No 81 in
said county.
Articles of agreement as to settlement be-
tween school district No and 80 were filed
with the board and on motion, approved
ana ordered filed with the county auditor
On motion, $50 was ordered transferred
from the revenue fund to the Incidental
fund for the payment of freight drayage,
postage and other Incidental expenses as
provided by law.
On motion, the claim of A McCrimmOn
Tor medical attendance on small pOX patients
at Baudette in the sum Of $50 was disaIIoWed
On motion. Sl50 was appropriated to the
Town OF Bemidji out of the county road and
bridge fund to be expended in grubbing and
clearing road between sections %, "a, % and
rs of said town.
town OF Bemidji out of the coudty road and
bridge fund to be expended in grabbing,
clearing and grading between sections IA, %,
ID and "A of said town.
On motion, the board adjourned to meet
on Saturday the Esd day of July 1904
ATTEST:
d. L. SYLVESTER, f. o. SIBLEY,
County Auditor. Chairman.
The daily morning journal and courier., 1904-02-11
POSTAL FRAUD TRIAL.
Mad. Interesting by several Lively Tit.
 Between counsel.

Washington, Feb. 10-The postal trial to-day was made interesting by several lively tiltts between counsel for the de- fence and Mir. Conrad. representing the government, Justice Pritchard frequent ly admonishing them to proceed order ly. August W. Machen occupied the stand the entire day, for the most part of which he was under cross-examina-
 ton. As on yesterday he was thor
 oughly composed and gave his testimo- ny in conversational style. often putting questions to Mir. Conrad designed to as-
 sist him in bringing out some particular point. He went over his connection with the oil venture in great detail and
 in many instances did not require doe- uments to refresh his memory. saying
 he could give the facts ''by heart" He reiterated the statement that he rec commended the Croft fastener because of it's merits and not through the infiu- ence either of the Groffs or Lorenz. He explained that when he came to Wash ington to assume his duties he owed
 $3O,OOO, and at the present time owes but $2,0O0 of that debt.
 IL WAS brought out py tHc SoNtIllIIlellt that since 1899 Machen had deposited in
 a Westminster. Md, bank over S77. .00O, and the government sought to show that it was impossible for him from the
 various sources mentioned by him to
 have received this amount Of money.
 A wrangle of counsel lasting half an
 hour Followed, over the prooriety of a
 question bearing on the point, the court
 reserving his decision after requesting the suestion to be withdrawn tenporari- | ly.
 Machen further testified that when he
 acquired his uncle's interest in the oil property, in the face of impending fail-
 ure and the double liability law of Ohio.
 he simply took chances on the company getting out of it's difficulty.
The daily morning journal and courier., 1904-02-11
EPIDEMIC OF MEASLES.
Groton in It's Grip and No Quarantine
 Enforced

Groton, Feb. 10.-An epidemic of measles is increasing it's grip upon the community near the eastern point sec- tion of the village, and though upwards of fifty cases of the disease exist, no
 quarantine has been enforced. The
 disease has been making inroads on the younger population for several months,
 and though no fatal cases have been
 reported, there is some alarm that no check is put upon the epidemic. which is seriously affecting the attendance at schools.
 Dr. A. M. Purdy, the health officer of the town, who resides in the eastern section of Mystic, when asked why no
 quarantine was enforced, said that the disease is considered, from medical standpoint, as harmless, especially
 among the young, though when it at tacks grown persons complications en- sue which are more or less serious. From these facts, Dr. Purdy says, he considers that 1t is more advisable to let the disease have it's accustomed run among the young than to attempt to check it's advance. The health officer is placing placards upon the houses where measles patients are confined, but no quarantine restrictions are en- forced.
The daily morning journal and courier., 1904-02-11
THE HARRINGTON PUBLISHING Co
BIG FIRE IN osWEGo.
Flame. Ds.sroying Largest starch Fae-
 tory In World.

oswego. N. r.. Feb. 1O.-The huge starch factory of the Corn Products company. consisting of three great buildings forming the largest establish ment of the kind in the world. is threat ened with total destruction by fire which started this afternoon in the chemical room. One of the buildings has been destroyed and late tonight the second building was ablaze and the fire entirely beyond control. It is feared that the flames will spread to the Co., lumbia Touring mills, the Kingfords of flee and malt house. After the city fire department and the volunteer depart ment of Kingfords mills tried in vain to cope with the flames Mayor Mansfield telegraphed for aid to Fulton and Syra- cuse. From the latter city a force of three engines and twenty-five men was sent and joined their efforts to those of the local department. Bremen Dough- erty and Evans have been injured, the former fatally by fall from roof. Twenty-Five men at work in the, build ing where the fire started barely escap- ed. The burning buildings contain many hundreds Of thousands of bush els of starch and corn. It is believed that the loss will reach a million dollars. Six hundred employees are thrown out of work,
The daily morning journal and courier., 1904-02-11
PANAMA CANAL TREATY.
It seems Certain I, wni bsTrasined by
 Senate Soon.

FSebMfG S0DHs
 Washington, Feb. 10.-As it seems certain now that the Panama canal treaty will be ratified soon by the sen. ate. President Roosevelt has taken up with Secretary Shaw the arrangemnets necessary to be made by this govern- nert for the payment of the $4C, ,00O, ,000 for the canal property and the s10,o00- 900 to the republic Of Panama. He also is giving now particular attention to the personnel of the isthmian canal commission. Attorney General Knox has under consideration the Epooners act os the last congress with a view of determining whether it affords the pres Iident ample authority to provide for the issuance of bonds to raise the money immediately needed and to appoint the commission. If it should be decided that tfie Sooner act does not confer that authority no doubt is expressed that congress will enact promptly the necessary legislation.
 The president is considering very carefully the composition of the canal commission. No official announcement of his intention regarding any of the many candidates has been made, but lit is thought to be certain that Rear Admiral Walker, president of the pres ent commission, will be a member of the new commission and probably will head it. Isham Randolph, the chief engin- ger of the Chicago drainage canal, and General George w. Davis, U. s. A, re- tired also, it is believed, have been de- |cided upon as members of the conmis- sion.
The daily morning journal and courier., 1904-02-11
BALKAN SITUATION.
Austria Expects Russia VIII Maintain
 Her Interest Despite War.


 Vienna, Feb. 1o.-CountG tGoluchowski, the Austrian Hungarian minister of foreign affairs, announced at to-days session of the Hungarian delegation that Austria-Hungary had resolved, like the other powers, to observe strict neutrality in the Far East. The min ister added that the report that Aus tria-Hungary was protecting Russian interests and subjects in Japan was un- true.
 Referring to the Balkan situation, Count Goluchowski said he did not be- lieve that the war in the Far East could So paralyze Russia that her in terest in events in the Balkans would be diminished, and therefore he did not anticipate that other arrangements would be necessary. Russia would continue to cooperate with Austria Hungary in the execution of reforms in Macedonia.
The daily morning journal and courier., 1904-02-11
MISIK HANGED.
One of the spssdtest Executions Ever
 Hold at weshsrsfeId
"Rixey, "Os1er, Carter z

i Hartford, Feb. 11.-Paul Misik, the convicted murderer of Charles O'Brien,
 went to his death at eight minutes af-
 ter twelve o'clock this morning in one
 of the speediest hanglngs that has ever taken place at the state prison. The condemned man entered the death chamber at 12:0S a. m, and twenty sec onds later the trap had been sprung.
 It was not until 12:16. however. that the body was cut down. At that hour Misik was officially pronounced dead. The manner in which Misik conducted himself was 8 great surprise to the
 prison officials. He had been nervous throughout the day and an outbreak at the last moment was not unexepcted. The Rev. George E. Heczko of New
 Haven was with the prisoner through out the day and evening and at Il
 o'clock administered the last rites of the church.
 When Misik entered the death cham Der at 12:08 he was smiling and the prison officials worked so quickly that
 before he had an opportunity to realibe that he was in the death chamber the straps had been adjusted about his body, the moose placed around his neck and the black cap put over his head. A second later the trap was sprung and Misik dropped to his death. Eight minutes later the body was cut down. Misik's constitution was so strong that
 his heart beat nearly ten minutes after the trap was sprung.
 Prison officials stated after the exc cution that Misik was as cool, and per-
 haps cooler than any murderer ever hanged here. His body has been claim ed by Mrs. Misik, who will take charge of the burial arrangements.