davidaulloa/AmericanStories huggingface dataset:
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-05-12

489; Curtis v. Bank. z HAr. & ]. Is;
or If he makes q note and signs it as
executor. Dunno v. Deery, 40 Iowa, 2o1,
Foster v. Fuller, Mass So; Woods "
Ridley, ~ Miss, 119; Germania Bank
VS.. Michaud, 30 L. r. A. 2Sv (Minn.>;
where he submits a disputed question
to arbitration without express limita-
ton of his liability, Riddell v. Sutton, 5
Bling, 100; where a judgment states
that it was renderer against him as ad
ministrator if the facts or record show
personal liability, Rich w. 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. lit (Wis.) In
Perry v. Cunningham, 40 Ark, 1876, the
acceptance by an administrator of an
rider drawn on him by a creditor of
| the estate conditioned to pay as soon
as accruing rents of the estate would
| permit rendered him personally liza
ole upon receipt of the rents An ex-
ecutOr becomes bound personally up
IN his promise to pay the debt of the
| the testatOr in consideration that the
creditor will fOrbear for a time 10
press his claim. bishop on Contracts
(Enlgd. Ed Sec. 1852, Story on Con-
| tracts Is Ed Sec. 361, and the cas- IS
| there cited. These principles are also
| reiterated in l Bishop on Contracts
J e Ed 12S and in the elaborate note
| mentioned n the brief, 50 Am. Dec,
beginning at P. 49,
The objection that the plaintiff can
not maintain the suit because she was
| not a signatory to the contract is un-
tenable under Milaini " Tognini, 10
| New. I54. and under the decisions cited
there and in Cyc., P. 81 to 1872. In
llat case this court said:
The precise question presented is
this: Can plaintin maintain an act
ion on 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
| MS benefit? BeSlueS 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 ,..tferent 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 answer
Talbot, j.
| We concur:
Belknap, c..
Fitzgerald, J.
Filed, April 80, 1904.
w. G. Douglass, Secretary of tSatc
and eX-officiC Clerk of the Supreme
Court.
By J. w. Sitton, Deputy.
euopEME coupr 0EcIcIoN
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-05-12
SUPREME COURT DECISION.
IN THE SUPREME COURT OF THE
STATE OF NEVADA
LILLY ESDEN,
Appellant.
v.
EMMA KAISER
Defendant and Respondent.

Cheney, Massey and Smith,
Attorneys for Appellant.
CurIer 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
v. 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. j.
Fitzgerald, ].
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, 1904-05-12
Interesting Facts.

Here are some interesting facts sh-
out the Panama canal:
Canals total cost nearly 20O,000,O00
Panama Canal company share, $to
100000.
Length, 46 miles.
Time of passage, s to 10 hours.
Present tiem-New York to San
Francisco, via Cape Horn,-60 days.
lime via Panama canal-approxi-
mate-24 days.
Annual -estimated-7,OOO ves-
sells.
Travel saved-Liverpool to YOkoho-
ma, 900 miles.
Stillto be constructed "a miles.
Present depth, % feet.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-05-12
SUPREME COURT DECISION.

IN THE SUPREME COURT OF THE
STATE OF NEVADA.
MARY KENT,
Appellant.
EMMA KAISER,
Respondent.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-07-15
GOING TO YELLOWSTONE
A Large Party Of East slders Plan Ideal
Vacation,


The East Side is to be represented in
Yellowstone park this summer. Professor
A. D. Hall and Professor A. S. Weston,
with some friends, are going to spend
three weeks studying geysers, collecting
and pressing flowers and incidentally en-
joying some Of the finest trout fishing in
streams in the park, and some Of them
are seldom fished. One object of the party
will be to do some exploring in the region
Of the Fossil forest and Death gulch.
Professor George B. Frankforter Of the
university has recently been appointed
by the United States government a mem
Der of the commission to make an sanaly-
sis of all the waters Of the United States
and this party will bring him samples Of
some Of the mineral waters of Yellow
stone park which as yet have not been
analysed. The analysis will determine
whether the waters Of the Death gulch
owe their deadly effect to the water itself
or to the gases.
The party will be under the personal
charge Of Professor Hall, who has spent
much time exploring and studying in Yell
lowstone park for the past eight years.
The party is not yet fully made up and
a number of interested, East Siders will
be added before it leaves.
Another party which left for the west
yesterday was that going from the uni
versity to the Minnesota experiment sta
ton on Vancouver island. In charge of
the party, consisting Of thirty teachers
and students, were Dean W. D. Hall,
Professor Conway Macmillan and Miss
Josephine Tilden. Among those who went
from the East Side were Harry Aldrfch
and Edward Starrett.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-07-15
PERSONAL MENTION.

Adm Tyler is out OF town on a vacation trip
Robert NJ. Thompson will leave for St. Louis
tomorrow.
Miss Myrtle Mawry has returned from Fort
Wayne, Ind.
Darlington Davenport is in St. Louis visiting
the exposition.
Mr.: and Mrs: Frank Glessner left last evening
Tor Portland, Me.
Dr.; Earle R. Hare will leave tomorrow Tor a
Miss Emily Leonard is spending the summer
months in the east. aI7s1
Fred Bonness Is in Bemidji, where he will
spend few weeks.
Miss Lola Easton has been the guest of Mrs
Leon Lane during the past week. !
Mrs. James Rankin Of Conneaut. Ohio, Is visit.
ing her sister, Mrs. E. J. Copper. r..
Zenas Potter left Wednesday for Duluth
where he Will spend several weeks.
- Mrs Frederick Swift of East Orange, N. J.,
Is the guest of her sister, Mrs. A. N. Aicott,
N. N. Lunde left Tuesday evening to spend
ten days visiting at the St. Louis exposition.
Professor Frederick Washburn returned or
Wednesday from the southern part Of the state
NJ. and Mrs. L: M. WEIGH of 1881 Nineteenth
avenue are spending the summer at Budgeton
Mr.: and Mrs. James Agnew are visiting thei,
daughter, Mrs. D. II. Cronyon, Of Houghton
p; e. is the guest of Miss Florence Fisbieigh s Of
Eighth avenue Sc.
f. L. Palmer left for Albert Lea, Mimi.
Thursday morning Royal Arcanum business'
He will return Saturday.
Mr.. and Mrs. G, r. wilkins and daupb+or ~
2519 Taylor street. spent the Fourth and part
OF the week at Owatonna, MINI.
Mr.. and Mrs. II. P: Chapman and son, Berry,
spent the Fourth of July and part Of the past
week with Rev. and Mrs. Sharp at Lake Mime.
tonka. 11,-'A1o'
Mrs. NJ. Kerr Mckay and daughter Madge
returned to their home in Neepawa, Man, after
q iy woo rs'. vie off ryftb
Agnew. - -,
Mr.. and Mrs. Gerhardt s. Meier of Winona
arrived last Friday to spend few days with
Mrs Meters parents Mr.. and Mrs. George Nor.
r1s, of TIA University avenue Sc. =.
Mrs. Ferrin and her daughter Miss GLADYS ~
Gold Bar, Wash, and her sister, Miss Matte
Kennedy, Of Monticello, have been visiting al
the home of Mr.. and Mrs. L. D. Smith. =
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-07-15
CITIZENS OBJECT
Citizens Claim That VIaducts Are Head
quarters for Aohoee

Citizens Claim That VIaducts Are Head
quarters for Hoboes.
The viaduct which the Great Northern
railroad purposes to erect at Twenty-third
avenue Sc, where the Como-Harriet car
line crosses the tracks, has aroused much
1eellng among the taxpayers of ElweIl's
and Glen Car additions. A mass meet
ing was held Wednesday evening at 1895
como avenue to discuss the matter and
next Wednesday evening another meeting
Will be held at the same place.
Inc meeting was called to order by c.
b. Moody. Mr.. Gray was chosen chair
man and u. G. Rugg secretary. The sub
Ject or railroad crossings was thoroly dis
cussed and it was the unanimous opinion
that the residents in said district had been
imposed upon. Two viaducts, one located
at Tenth avenue Sc and the other at
Fifteenth avenue Sc, are good illustra-
tons of what can be expected from this
kind OF crossings. Holdups are taking
place even at midday. With another at
Como and Twenty third, this locality will
become headquarters for hoboes. thugs
and robbers until other parts Of the CITY
are treated to a dose of the same Kind OF
crossings. At the time these other cross
ings were put in the people were assured
that the expense Of the same would be
betrayed by the railroad company, but
ly preteXt to establish a precedent and
put the taxpayers in position from
which they could not extricate themselves.
The real estate in the vicinity is only
worth 40 to SO per cent as much as it
should be on account Of the railroads and
their crossings. The following resolution,
which was unanimously passed, illustrates
the sentiment of the meeting:
Resolved, That it is the sense of this
meeting and of the property owners and
taxpayers Of Elwells and Glen Car addi-
lions that at the present time and under
present conditions any change in the
grade Of the street at Como and Twenty
third avenues Sc is not desirable, unless
it shall be on the basis Of lowering the
railroad tracks and elevating the street,
A committee of five was appointed to
take charge of this matter and consult,
the roads and bridges committee of the
city council and find out what steps have
been taken toward makingsthe excavation
and to oppose it by all means, both rea-,
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-07-15
A1taeRe EAST MINNEAPOLIS NEWS East side People
EAST SIDE CHURCHES

e rs.
Arrangements for the union picnic and
outing Of the Shiloh, Bethany and Trinity
Sunday schools. to be held Tuesday, July
g. are progressing very satisfactorily and
Northeast will be a deserted village. A
special train will leave shoreham at $3.50
and will go directly to Tonka Bay tho
those who wish may stop at Deep Haven
and take the largest boat on Minnetonka,
the Excelsior, for tour of the lake, ar
irving at Tonka Bay about 1890. Tick
cts will be on sale early next week at an
extremely low rate.
The women Of st. Matthew guild will
hold a cooking sale tomorrow afternoon
at Mr. Wilson'S office, 942 Twenty fifth
avenue NE This Industrious society is
working hard for its rapidly growing
church and will meet every Thursday af-
ternoon in the church, corner Of Fillmore
street and Twenty fifth avenue, at 2
clock.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-07-15
EAST SIDE PERSONALS.

Mrs ]. L. Fullerton and daughter, Of Los
Angeles, Cal. is visiting with her daughter,
Mrs. F. 81. Ring, 2s11 Fillmore street NE. They
expect to remain in the city until September.
P. Stone, left Wednesday evening for lis home
In Hamilton, Ont. Mr. Flatt who is interested
IN fancy stock, Visited his daughter at the
G1overdale farm, New Richmond, Wis.
0. B. Bass and his nephew, Frank Bass, have
returned from the fair at St. Louis after two
weeks stay.
Miss Gertrude Loehl entertained at luncheon.
Wednesday at her home in honor of Miss Rhuska
Of LIE sueur Center. Those present were Misses
Rhuska, Metel Boyson Florence Spear and Lucia
Loehl. 49,.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-07-15

Any one who has dyspepsia, indi-
gestion, headaches, dizziness, or
specks before the eyes, or any form
Of liver and stomach troubles, should
take advantage of this chance to be
cured without risking a penny.
Dillin Drug Co. give a positive
guarantee with every box, showing
most conclusively their faith in this
remarkable remedy. ],
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-07-15
TEN NEW MEMBERS JOIN
The East Minneapolis Business Mems As

the East Minneapolis Business Mems AS
' ISOLATION Is Growing.
At the meeting Of the East Minneapolis
business Mems association ten applica-
lions for membership were considered and
acted upon favorably. All members were
appointed on a committee to interest
others in the associations work and Sc
cure them as members of the organization
At the next meeting, which will be held
Tuesday, July rs, at o'clock, In the
hall of the Business college, a committee
will be appointed to take the initial steps
in having Central avenue newly paved.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-07-15
AN ARCANUM EVENT

EUcdI CoUHclTs VIII soon RECEIVE The1r
Supreme Regent.
A. s. Robinson, supreme regent, Royal
Arcanum, will be in st. Paul Aug. 8, and
in Minnea polls on the 9Th. Grand Regent
Palmer has appointed a meeting for Tues
day, at the grand secretarys office, when
plans will be made for the reception Of
the supreme regent. In his honor a large
class from all the councils of the city
will be initiated at Masonic Temple, where
Mr.. Robinson will speak on the growth Of
the Royal Arcanum.
The Royal Arcanun has 300, 900 members
in the United States, largely businessmen
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-07-15

$3.50. Isle Royal and Return. 1880.
$3.50. Dawson, Alaska and Return. $3.50
The tickets for the above trips dn-
clude meals and berths on the steam
ers. We have many more delightful
rail and water trips ranging in ex-
.pense anywhere between the above.
Call on G. F. Mcneil, agent, at the
city office Of the Northern Pacific.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-07-15
THE GUARANTEE PROTECTS you

If Mi-o-na Does Not Cure Dyspepsia,
Dillin Drug Go. Will Return Your
Money.
When you buy a box Of Mi-o-na,
natures cure for dyspepsia, have
them sign the following guarantee.
This protects you absolutely against
loss, should the treatment fail to cure
YOU
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-07-15
TO TRAIL ALGAE
Minnesota Botanists Co West to Get Near
Natures Heart

Natures Heart.
Urder the tutorship Of Miss Josephine
Tilden assistant professor Of botany in the
University of Minnesota fifteen university
students and instructors left yesterday
for the Mime sofa seaside botanical sta
ton. Vancouver island, British Columbia.
They will spend four weeks studying the
seaweeds and land plants around the is
land. On account of the humidity, fine
microscopical examinations will be impos-
sible. but careful study will be made
of different varieties of flora. There will
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-07-15

which might further depreciate the prop
erty in this locality or injure the streets.
The committee consists Of Messrs. c. b.
Moody, D. c. Rugg, Anderson, Gunderson
and H. Pratt.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-07-15
PAL NJ I: r
323 OonesaE Avenue

Smile with us. Plenty of Beef at
old-time prices.
Porterhouse steak, per lb... ...l5c
sirloin steak, per lb Ign and 15c
Round steak, per Id ..... .12Hac
Shoulder steak, per lb. loo
Rolled rib roast, per Id 1874 and 1Ac
Pot roast, per Id ........Sc and Sc
Chuck roast, per lib 80 and 7c
Leg Of mutton, per lb. lilo
Mutton shoulder, per lib. SO
Leg Of Lamb, per Id .12Hc
Lamb stew, per lb &c
Veal roast, per lb. loo and 12hc
Spring chicken, broilers, per Id 23c
Young fowls, per lb .14c
Best creamery butter, per Id. ..l9c
Best white honey, per lb. loo
We carry large assortment Of
fruits and berries at lowest prices.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-07-15
GUARANTEE.

We hereby agree to refund the
money paid for Mi-o-na on return of
the empty box, If the purchaser tells
us that 1t has failed to cure dyspepsia
or stomach troubles. This guarantee
covers two SOC boxes, or months
treatment.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-07-15
SOCIAL AFFAIRS

Mrs. G. H. Grouse was hostess Tues
day evening at charming card party,
when six-hand euchre was played The
rooms were decked with the brilliant Cali
fornia peoples, and the dull green Of fern
fronds furnished an effective background.
Assisting thru the rooms were Misses
Ethel and Edna Cockburn, Edna Gould and
Gertrude Munns.
Miss Eunice Merrill entertained nun
Der of friends at house party Tuesday.
Boating on Cedar lake in the evening fur
n1shed diversion for the guests, and dan
cling at her home on Tenth avenue and
Fourteenth avenue concluded the evening"
enjoyment.
Miss Bessie Hufnail of 953 Twenty-f1fth
avenue entertained last Thursday evening
for Miss Goldie Bailey, who is to leave
the city soon. Music and games furnished
amusement for the evening, after Which
dainty refreshments were served Those
present were Mr.. and Mrs. Shaw, the
Misses Bailey, Plank and Smell, and Mines.
West, Leonard, Grovenor and Wyrzykow-
ski
The home Of Mr.. and Mrs. j. A. Collier,
2547 Polk street, was a charming place
indeed on the Fourth of July evening,
when they entertained about sixty-hye OF
their friends and neighbors. The house
was decorated in the national colors,
while the lawn was brilliant with mean
descent lamps covered with red shades
Games and music were enjoyed the early
part of the evening. After refreshments
were served the fireworks were sent off.
The climax Of the evening was in the
ascension OF a large balloon.
The Epworth league Of Trinity church
gave a reception to the Ladies' Aid So
ciety at the home Of Mrs. w. F. Pratt,
2289 Pierce street NE, last Wednesday.
The guests were entertained with a de-
ltghtful program Of recitations and mu-
sic. Light refreshments were served.
Mrs. c. M. Kinmore entertained the
Royal Ladies at a garden party, at 2611
Taylor street NE, yesterday afternoon
The guests were entertained on her large
lawn, which was beautifully decorated
with the national colors, flags and bunt-
ing.
| The Ladies' Aid society and friends O,
Trinity M. E. church were entertained
| Wednesday afternoon at the home of Mrs
/ William White, 1927 Polk street NE. by
a committee from the third division OF
the society at porch party. The porch
was tastefully decorated with flags and
bunting. During the afternoon a pleasing
program was given by Miss McCallum, vo.
calist; Miss Cecile Harr, reader. and Mrs
Hench pianist. Much amusement was
created in guessing of the ladies' names
which were represented by pictures. The
| prize was Won by Mrs. Flault. In the per.
fume contest, Mrs. Rutherford received q
beautiful bunch Of roses as head prize
and Mrs. Kenmore the consolation prize
bouquet Of beets. Dainty refreshments
were served late in the afternoon.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-07-15

Mrs. G. M. Kinmore entertained the
Royal Ladies at a garden party, at 2611
Taylor street NE, yesterday afternoon.
The guests were entertained on her large
lawn, which was beautifully decorated
with the national colors, flags and bunt-
ing.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-07-15

The Epworth league Of Trinity church
gave reception to the Ladies' Aid So
ciety at the home of Mrs. w. F. Pratt,
22Ss Pierce street NE, last Wednesday,.
The guests were entertained with a de-
1ghtful program Of recitatfons and mu-
sic. Light refreshments were served.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-07-15

The First NJ. e. church and Sunday school
will PICNIC tomorrow at Groyeland, Lake Mime
tonka. The train leaves Milwaukee depot at 8
am. Returning trains leave Groveland at 4
and pm.
The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1904-02-01
COMPULSORY BATHING.

An Omaha Police Justice has established a prec-
edent for procedure in the minor courts. In doing
so he may have raised questions about personal lib
erty, virtue, cleanliness and hygiene, but he has
made the police court famous and has set I'D his
town Of Omaha as a model in the municipal adj
vancement of science.
A woman was a%rraigned on a petty charge. "She
was extremely dirty and squalld." when did you
wash your face lastf' the Justice asked. 1T was
about three months ago." she replied. "A bath
every day for twenty days." said the Justice. "Sent
to Jail in order that the mandate be properly car
ried out"
If the Circuit Court were a police court and
Omaha were Boston, such a sentence would not be
startling; provided the people washed only once in
three months in Boston and provided the Circuit
Court were confronted with such defendants. But
In Omaha, in the West, and in an ordinary police
court: 1t is true. for the dispatch says so.
The question as to the right Of a Police Justice
to sentence a prisoner to twenty baths may be
raised. 1t is an infringement ON personal liberty.
1t is questionable whether a person who has not
bathed for three months could stand a bath a day
for twenty consecutive days. In reply it may be
said that failure to battle is contempt of court. And,
moreover, why shouldn't courts be conducted in ac-
cordance with the dicta of science and hygiene? In
fact, it might be well to have a bath in connection
with every police court.
The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1904-02-01
THE FORCE OF INSTRUCTIONS.

question has arisen as to the obligation under
which United States Senators rest in following the
instructions OF their respective legislatures relative
to specific legislation, such as the Panama treaty.
The position Is taken that the Senators, chosen to
their high place by virtue of their abilities and judg-
ment, should have latitude in which to use their
best discretion. And it is said in some quarters
that, if their bias were against the instructions, they
would be justified in voting counter to them.
Precedents there are of this kind. Senators have
taken issue with instructions and have voted regard
less of them. 1t would be going very far to say
that they shall not have q reasonable latitude and
that they must heed their legislatures in any case or
under any circumstances. But as far as the sub
ject at issue is concerned. treaty ratification, no
such action would be justifable.
The Senator could reasonably pass over his in
only in case they indorsed a course mani
festly foolish and impolitic. It might be that CEN
ditions local to a State would create a Temporary
and a false sentiment with reference to an impor-
tant measure. and that the Legislature would then
urge upon the Senator a mapifestly unsafe course.
With reference to the Panama treaty, all to be
gained by defeating it is a formal expression of dis
satisfaction with the manner in which Roosevelt