davidaulloa/AmericanStories huggingface dataset:
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1904-12-03
Births.

Born to Mr. and Mrs II AIRY Smith,
of West Burke street daughter.
Born to Mr. and Mrs George M
Busey, of North Maple avenue-twins.
Both bows.
Born to Mr.. and Mrs. Thomas
Buckley. at their nome at Auburn,
Ind, on last Friday-a son. Mrs.
Buckley was formerly Miss Anna
Schleuss. of this CITY.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-05-19

Cheney, Massey and Smith,
Attorneys for Appellant.
curler and King,
Attorneys for Respondent.
This case depends upon the same
contract and involves the same legal
principles as those controlling the de-
cision in the suit of Fannie Painter
Y. Emma Kaiser, just determined by
this court. except that the plaintiff
here signed the contract.
For the reasons regarding the first
point stated in that opinion, the order
and judgment sustaining the demur-
rer and Diminishing the action are re.
versed and the case is remanded with
direction to the district court to fix
a time within which the defendant
will be allowed to answer.
Talbot, J.
We concur:
Belknap c. ].
Fitzgerald, J.
Filed April 80, 1904
w. G. Douglass, ex-of1lcio Clerk of the
Supreme Court
By J. w. Sitton, Deputy.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-05-19

w. P. Stewart. the reliable piano
tuner is receiving orders at Stein
metz drug store for a short time only
Special attention to thorough repairs
and fine tuning. Call and let me ex-
plain how I can and do sell or ex-
change instruments cheaper than Ct
her agents. Best quality. Easy terms.
Call at once.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-05-19

489; Curtis '. Bank. I Har. 4 J. Is: |
or il he makes . note and signs it as
executor. Dunno '. Deery. 40 Iowa. 2o1.
Foster v. Fuller, s Mass IS: Woods '.
Ridley, ~ Miss, 119; Germania Bank
VS.. Michaud, 30 L. R. A. 2So (Minn..;
where he submits q disputed question
to arbitration without express limita-
ton Of his liability, Riddell v. Sutton,
Bing, 100; where judgment states
that it was renderer against him as ad
ministrator If the facts or record show
personal liability, Rich v. Sowles, Is
l.. r. A. $50, VT, and under the same
rule and more directly executors have
been held personally liable for the
payment of legacieS, upon their ag-
reement or implied promise to pay the
same, Davis, Reyner, 2 Lev. 3; Evans
V. Foster, IA l.. r. A. 1T (Wis.) In
Perry v. Cunningham, 40 Ark, 1875, the
acceptance by an administrator of an
order drawn on him by creditor of
the estate conditioned to pay as soCn
as accruing rents of the estate would
permit" rendered him personally liza
Ole upon receipt of the rents. An aX-
ecutor becomes bound personally up-
en- his promise to pay the debt of the
| the testator in consideration that the
creditor will forbear for a time TO
! press his claim. bishop on Contracts
| (Enigd Ed Sec. 1852, 1 Story on Con
| tracts 6 Ed Sec. 361, and the cas-
| there cited. These principles are also
reiterated in l Bishop on Contracts
, 6 Ed 1913 and IN the elaborate note
| mentioned n the brief, So Am. Dec,
beginning at P. 1l8.
| The objection that the plaintiff can
| not maintain the suit because she Was
/ not signatory to the contract is I'M
| tenable under Miami V. Tognini, 10
| New "a, and under the decisions cited
there and in 9 Cyc., P. 377 to 3S2. In
Lat case this court said;
| The precise question presented is
| this: Can a plaintln maintain an act
ion oCn a simple contract to which he
is not party, upon which he was not
| consulted, and to which he did ont As,
/! sent, when it contains provision for
his benefit? BesIues the salute which
provides that ''evey action shall be
prosecuted in the name Of the real
party in interest,"" this court has held
in three different cases that the bene
ficiary named in such contract may
maintain an action thereon in his own
name"
The order and judgment sustaining
the demurrer and dismissing the act
ion are reversed, and the case is re
manded with direction to the distri :;
court to fix a time within which the
defendant will be allowed to answ er
Talbot, J.
| We concur:
Belknap, c..
Fitzgerald, J.
Filed, April 80. 1904.
w. G. Douglass, Secretary Of tSate
and ex-OfficiO Clerk Of the Supreme
Court.
BY J. w. Sitton, Deputy.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-05-19
Interesting Facts.

Here are some interesting facts ;.b-
out the Panama canal:
Canals total cost nearly 5000 ,00OO0o
Panama Canal company share, $40,
1000.
Length, 46 miles.
Time of passage, 8 to 10 hours
Present tiem-New York to San
Francisco, via. Cape HOrn,-60 days.
Time via Panama canal-approx i-
mate-24 days.
Annual traffic-estimated-7 900 YES
sells.
Travel saved-Liverpool to Yokoho-
ma-4,O00 miles.
Stillto be constructed "a miles.
Present depth, % feet.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-05-19

Cheney, Massey and Smith,
Attorneys for Appellant.
Curler and King,
Attorneys for Respondent.
This case is imilar to that of Lilly
Esden V. Emma Kaiser, just decided
by this court and for the reason indlca-
ted there the order and judgment sus-
tanning the demurrer and dismissing
the suit are reversed anu the action is
remanded to the district court, which
will fix time for the defendant to
answer.
Talbot, J.
We concur:
Belknap, C. J.
Fitzgerald, J.
Filed April 80. 1904.
w. G. Douglass, ex-officio Clerk of the
Supreme Court.
By J. w. Sitton, Deputy.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-05-19
SUPREME COURT DECISION.
IN THE SUPREME COURT OF THE
STATE OF NEVADA.

MARY KENT,
Appellant.
v. =
EMMA KAISER,
Respondent.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-05-19
SUPREME COURT DEcIsloN>

STATE OF NEVADA.
LILLY ESDEN,
Appellant.
v.
EMMA KAISER,
Defendant and Respondent.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-05-19

uOn).
Eighth: 1t 10 further agreed t.. 1t
whenever during the administration
Of said estate. and before the final dis
tribution thereof said executrix shall
lave in her possession money belong
ing to said estate in excess of the sum
Of Five Thousand Dollars. ($50O0b,
that she will. On request pay to- the
said parties entitled thereto, their re-
spectiye shares and proportion there
Of as above stated. without application
to the court for an order for partial
distribution and that the parties TO
" hon the same is paid will execute
and deliver to said executrix proper
vouchers and receipts therefor.
NOWLEDGEMENT)
IN WITNESS WHEREOF, the said
parties hereto have hereunto set their
hands and seals to this agreement IN
duplicate, this 5th day of November,
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-05-19

FROM SAN FRANCISCO an
banks of the BEAUTIFUL TRl
NEVADA MOUNTAINS. In ne
magnificent lots in depot tract OF
where the Division Headquarter
improvements are now under COZ
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1904-03-10
SUCCESS in The SOUTH,
For NOrthern Farmers.

Circular No. II ISSUED by the
Passenger Department of the
Illinois Central, consists OF
twenty letters written by North
err farmers from nine different
Northern states, who are now
located at points on the lines of
the Illinois Central and Yazoo
& Mississippi Valley Railroad in
Tennessee, Mississippi and Lou
isiana. These letters tell of
their success IN farming under
new conditions and in a new eli
mate; how they like the country
and the people; and give such
information as is. desired by any,
one who is thinking of making a
change in location. For a free
COPY OF this Circular No. IL, and
a complete set Of Southern Cir
culars. Nos. 1 TO II inclusive,
address the undersigned.
J. +. MERRY,
Asst. Gen. Pass. ACT.
Debuque, Iowa.
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1904-03-10
Bids for Furnishing Rock

Sealed bids for> furnishing 40
or So cords of rock for Hope
Special School District will he
received at the Office of the Clerk
till noon of Saturday, March 18th
1904.
Bids to be by measured cord in
the wall or by weight-l620o lbs.
to cord.
The Board reserves the right
to reject anv or all bids.
BY order Of the Board of Edu-
cation.
T.. "A. JACOBSON. Pres't.
WATSON e. BOISE, Clerk.
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1904-03-10
Booth-Tucker Not to Retire.

New York, March S.-Rumors that
Commander Booth-Tucker will soon
retire as head Of the Salvation Army
in America and be assigned to literary
work in London are denied by minor Of
hcers at the organization headquarters
In this city.
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1904-03-10
Damage Caused by EARTHQUAKE,

New York, March Sit is estimated
that the damage caused by the earth
quake Of Friday will amount to $780, C9
In this city alone, says a Herald dispatch
from Lima, Peru. Reports frcp, other
sjtses tATs npt bss1 1eesjyeG
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1904-03-10
FOR SALE.

I I'm Offering for sale the build
ing just west of the Bowen Block
and the one just west of Fullmer's
blacksmith shop. Here is a
chance to get good desirable pro
perty cheap. Address Cyrus
.Croswell, or First National Bank,
Hope, N. d.
Save your teeth! Save your teeth!
See DR.. Sherman.s ad in this paper,
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-20
Sale
OF Straw Hats
Now On.

This special sale will be a
hummer while the hats last. All
this seasons goods, but must
be closed out. Specially attrac-
tive for children:
Children's Hats ................
reduced from 5 % to Toe.
Ladies' Black Sailors.
reduced from 5 .35 to 15c.
Ladies White Straw Hats.....
.-.......reduced from 5 .25 to 15c.
Children's Sailor Hats. .....
reduced from s .35 to Csc.
White Duck Hats.
reduced from 5 so to Csc.
Ladies Box Sailor Hats. ......
.........reduced from 5 .75 to 35c.
Children's Sailor Hats.........
reduced from s1.00 to soc.
Flat Sailor Hats.
reduced from S2.75 to 75c.
Shirt Waist Hats. .........
$4,000. reduced from s1.0O to soc.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-20
COUPLE
START ON
NEW RUN

Under dainty canopy of maiden
nerya Tymikalakaua Fernandez and Mr..
Stanley Cutter We're married last even
ing at the residence of Mr. and Mrs.
Abraham Fernandez at Kalihi-waena.
The ceremony was performed in the
small parlor which was transformed
into a pretty bower of green and white
MALE and ferns relieved by waxy white
asters and bachelor buttons forming
an attractive decorative scheme.
The marriage took place shortly after
8 O'Clock and was witnessed mainly
by members OF the family and intimate
friends. The bridesmaid was Miss
Ahola, who was attired in pink. the
groom being attended by Mr.. Samuel
Chillingsworth as best man. The cere-
mony was performed by the father of
the bride, he being an elder of the
Church of Jesus Christ of Latter Day
Saints.
The bride looked winsome in a hand
some gown of white point d'esprit over
white silk, the wedding veil being
caught at the couture with orange
blossoms.
Following the ceremony the couple
received beneath the bridal canopy.
The reception began at $3.50 at which
time a large number of guests began
to arrive Among these We're the
groom's associat es of the Rapid Tran
sit operating force, those present at
that time being the members of the
day force. At 1880 this morning a spe-
cial car left the car barns and went to
Kalihi, carrying all the men of the
night force who had just been relieved
from duty The bride and groom held
a special reception for them. The car
was placed at the disposed of the men
by Manager Ballentyne as a mark of
favor toward the groom. The gift of
the groom's associates was a handsome
purse containing $65 in gold. Among
other presents were sets of table silver,
paintings linen, furniture, ornaments
and calabashes.
Following the first reception the
guests repaired to the lawn upon which
had been erected a large lanai, which
was handsomely decorated with Ha-
waiian and American flags. Two huge
ensigns covered the ceiling.
A Hawaiian orchestra played through
out the evening and the guests danced
to their hearts content. The first
waltz was danced by the bride and
groom. Dainty refreshments We're
a host of young people assist
ing in providing for the guests.
The couple will reside at the Bromley
Anapuni street.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-20

A story showing the incorruptibility
of the London Times is told with Lord
Randolph Churchill as the central fig
TIRE. Churchill had made up his mind
to resign. 1t was d. great piece of news,
and Churchill, on going to Buckle, the
editor of the Times, felt justified in
thinking that the paper would maintain
friendly attitude toward him in ex-
change for the exclusive information.
Mr.. Buckle informed him that the
papers attitude toward him would con-
tinue to be unfriendly But for such, a
piece of news" exclaimed Lord Ran
dolph "why. there is not another paper
in England but would be grateful"
That is true" replied Mr. Buckle, 'but
the Times can not be bribed.o
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-20

Somebody signing himself E. A.
Fraser. and living in Mahukona writes
the Bulletin criticism of the Board
of Health's circular about the per
capita returns of Federal bounty to
Hawaii calling it an Advertiser
dream" AS the Advertiser had moth
ing to do with the circular further than
to print it in the news columns and
as the Bulletin very properly com
mended it editorially, Mr.. Fraser
seems to have become mixed as to
identities.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-20

Representative Hull of Iowa, sent
some garden seed to a constituent last
spring. They came from the Depart
ment of Agriculture and were inclosed
in one of the regular ranked govern
ment envelopes. On, the corner of each
of these envelopes appears this legend !:
Penalty for private use $780," A few
days later Hull received letter from
his constituent, which read: Dear Mr.
Hull don't know what to do about
those garden seeds you sent me. I don't
want to use them for the public. I want
to plant them in my private garden |
can't afford to pay $500 for the privilege
Won't you see if you can't fix it so
can use them privately, for | am law
abiding citizen and do not want to COM
NIT any crime"
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-20
GLOOMY DEMOCRATIC OUTLOOK.

Three months ago the Democracy
thought it could elect its next nominee
for President. 1t conceived the idea
that if it named a conservative man he
would get the votes and they the
money of the great business interests
whom Roosevelt was said to have
alienated. In due time they picked
out Alton B. Parker of New York and
sat down to await the rising food of
popular enthusiasm. But instead of a
rise there was a subsistence. The bust
ness interests, dissatisfied with a plat
form which represented concession
to Organism and responding to the
definite financial pledges of the Repub-
Hcan platform, determined to support
Roosevelt; and today We read in Demo-
cratic papers that money is pouring
into Republican Golfers and that the
trusts" are standing pat. Leading
Parker papers scarcely try to conceal
their vexation.
1t may be Set down as an axiom Of
American politics that the party in
power stays in power except in times
of financial panic or factional rebellion.
Following the business disaster of 1873
was a revolt against Republicanism
which gave the Democratic nominee
for President a popular majority of
quarter of a million. Why he was not
seated is question of ethics. Hard
times during Cleveland's last term did
most to elect Mckinley. Good times
were the strongest obstacles that
Bryan had 70 meet. At present the
times are good enough to sustain the
Roosevelt administration in public
favor and defeat every scheme to inn
pose a change for the sake of a change.
The utterances of the Democratic
press on the mainland are generally
gloomy Many leading journals chide
the party managers for apathy. But
the managers, shrewd and capable as
they are, cannot be blamed for their !
failure to awaken corpse. They are
making what noise they can but there
is no response from the inert party /
mass In which all enthusiasm is dead. !
Nor does it seem probable that their
efforts will result in anything better
later on.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-20
THE LEGISLATIVE SITUATION.

How long are honest men in the Re
publican party going to let themselves
ba deIuded into eIecting Solid Thirteens
who do the enemy's business in the
LEGISLATURE and incidentally make
work for grand juries that follow?
Two years ago the Republican ma
chine turned out a ticket here and else
where which contained thirteen sus-
pected Home Rulers and undouoted
.scaIawags, headed by the notorious
KumaIae. These men We're voted Tor
bv Republicans who would not have
trusted one of them, privately, with q
pound of cheese. The voting was done
under the party lash. To elect them
the organization did its best and the
Bulletin, in it's effort to attach a print
ing graft, commended them as loyal
and capable men whom it would be
treachery to defeat. That paper was
particularly solicitous for the election
of Kumalae.
After the experience with that scan
daIous Legislature the feeling against
electing another one like it was gen
eral. But time softens good intentions
as well as asperities and now we have
a Republican House ticket which por-
tends, in the larger part of it's per-
sonnet, worse things than its predeces-
SCR. The Maui ticket, with Coelho,
@r,.;~a xx,ho u,as waking hitter
Home Rule speeches two years ago
Haia, Kalino, Pail, ct al, is so rank
that it impests the off-shore breeze
Elsewhere, there are nominees to kill
in the interests of public decency:
while here in the Fifth District is an
aggregation of cheap ipcompetency
which ought, in all conscience, to make
even the old Seventh precinct blush.
Every man who looks at the list knows
that it means another Solid Thirteen
on a platform of Addition, Di-
vision and Silence.
Yet it is Republican and good citi-
zens and taxpayers, WHOSE MONEY
rs AT STAKE, are expected to support
it, But perhaps we are in error. Per-
haps, as with the Solid Thirteen two
years ago, it is only Republican in
name and Home Rule and anti-haole
at heart. If so. what are the bounden
duties of citizens and taxpayers, pro-
viding that better choice is afford
ed? Are they to vote against their own
interests, vote to have money squan-
Tered and laws mixed up, to have the
good name of the Territory besmirch-
ID again, simply because a gang of |
ax-eaters has temporarily taken on a |
disguise?
Such question need not be answer |
ID now. 1t may be safely left to men
Who, over and over again, have ex-
PRESSED their detestation of such
legislature as was last elected under
he Republican fag-a Legislature
which only stopped stealing when, as
It the special session, there was moth
ng left to steal but registered war;
ants.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-20

BY naming hula-hula ticket as they
did, the Republicans of the Fifth have
left the door of opportunity wide open
to the Democrats. We hear on every
side, among respectable Republicans
living Eva of Nuuanu avenue, that
sound Democratic ticket will get their
votes. The names of McInerny, Har-
vey, Trent and Emme1uth are men,
toned and other men of ability. some
of them Hawaiians. are being can
vassed.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-20

NOTHING LIKE EXPERIENCE
iOne truth learned by actual expert
ence does more good than ten expert
ences one hears about Tell a man
that Chamberlain's Colo, Cholera and
Diarrhoea Remedy will cure cholera
morbus, and he viii most likely forget
1t before the end of the day. Let him
have severe attack of that disease,
feel that he is about to die, use this
remedy, and learn from his own expert
ence how quickly it gives relief, and
he will remember it all his life. For
sale by all dealers. Benson, Smith &
Co., Ltd. agents for Hawaii.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-20

Since writing of automobile excuses
here several stories of narrow escapes
from being run over have come to
the office. It is proper to say, however.
that the auto drivers, during the last
two days, have slowed their machines
down. They are wise in this. for if a
serious accident occurs, due to care
lessness of the chaffeurs, the Legisla-
ture win not be easily restrained from
making the auto-regulations drastic.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-20

The friends of Morris Keokokalole
are raising money, at the instance of
Admiral Beekley, to. bring him home
from washington. The letter publish
ed in Sundays Advertiser touched a
responsive chord and will be the means
of Mr.. Keohokalole's return. Charity
might well go a little further and
bring back the aged Hawaiian couple
whom DIR. Walters found in the north
ern part of California, where they have
lived for a generation or more. Their
exile has outlasted many lifetime.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-20

Each locality in this city has no
more mosquitoes than it deserves. A
concerted effort in any neighborhood
will clean out the pest. If mosquitoes
are troublesome it is due to the neglect
of those they attack.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-20

The death of Captain Cameron re-
moves a seafarer of the old school, a
good man and skilled and fearless
navigator.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-20

Gear says gambling in Honolulu is
conducted openly.-Builetin.
Gear ought to know.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-20

The steerage rate from Europe to this
country has been cut to $3.50, but still
the immigrants are hanging back, prob
ably for trading-stamp inducement-
Denver Republican.