davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-12

decision in the case of the Dowagiac
Manufacturing company, respondent,
w. John Mahon and J. B. Robinson,
copartners doing business as Mahon
& Robinson, appellants. Syllabus as
follows: G..
l. A written warranty that "it Is
understood that the goods are war
1Granted only against breakage caused
. by manifest defects in material" etc.,
excludes all other warranties of quail
ty, express or implied.
2. Under written contract of sale
OF machinery, specifying the terms
and conditions of the contract, a sale
by sample can not be shown.
3. An answer aud counterclaim al
leging that a written contract OF sale
Of drills and discs provided that they
were Of proper pattern, and properly
constructed to do the work intended
Tor them In a certain locality where
the vendees were engaged in business,
which contract is alleged to have been
entered into in reliance on such state
ments or representations fraudulently
made, does not state defense or coun-
terclaim for fraud or deceit.
4. Section 1888, Revised Codes, pre-
scribdng the rule of damages upon fail
ure to accept and pay for personal
property, the title to which is not
vested in the veudee, is not applicable
as rule of damages, where the prop
erty has been delivered to the vendee.
In the latter case the vendor may
waive the provision as to title and
elect to sue for the purchase price,
and the bringing of an action for the
purchase price is such waiver
Appeal from the district court of
Pembina county; w. j. Kneeshaw,
judge.
w. J. Burke and Scott Rex, for ap-
pellant.
Newman, spading & stambaugh, for
respondent.
Opinion by Morgan, G. J..
Affirmed.
In the case of Hannah Pulls,
respondent, VS.. Grand Lodge of the
Ancient Order Of United Workmen of
the State of North Dakota, appellant.
The following syllabus is filed:
1. In an. application for insurance
the insured stated that he was not ad-
dicted to the habit of drinking intoxi-
eating liquor, and had never drank
immoderately; there was evidence
that he sometimes drank intoxicating
liquor, and on few occasions appear
ed to be intoxicated. Held, that the
evidence was not sufficient to sustain
the allegation that the representations
in the application were false so as to
require the submission of that ques-
ton to the jury in an action on the
policy. .>;- .& 3E Il.
O. Proofs Of death and the verdict
of the coroner's jury stated that the
insured died from alcoholic poisoning,
were admitted in evidence with
out objection. Held, that they had no
probative force, because they ex-
I pressed a mere opinion based on the
I same evidentiary facts as were before
q the trial jury, and the report of death
was not prepared by or in behalf of
the beneficiary and hence was not in
the nature of an admission by her.
8. The insured was member of a
benevolent and fraternal insurance as
i sociation, and, under the terms Of the
contract Of insurance, he would forfeit
his membership and insurance by fail
llre to pay assessments and dues with
( in the time fixed by the bylaws. The
dues and assessments we're regularly
\ paid for him to the lodge by the finan-
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-12
His Ignorance.

He-They say he has more money
than he knows what to do with. She
Has he really? Such ignorance is
bliss. Puck. s5a
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-12

family in the loss of husband and
father. #s 1T. i. y
Mr.. Budlong was 81 years Of age at
the time Of his death. He was born
In Perinton, Monroe county, New.
York. Mr.. Budlong was brother-in-
law of Judge Young of the supreme
court, with whom he was formerly in
terested in ranching, ". b. &
The funeral will be held Tuesday
afternoon at o'clock at the house
/ Friends Of the family are invited to
the services at the house. The inter
ment will be private and will be at
the Catholic cemetery. IA
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-08-18
Stage Drivers of Early Days.

Speaking of stage drivers reminds one
of the glory of stages, which reached
its browning point when rival lines
ran between Sacramento and Virginia
City-siX magnificent horses to each
coach, the coaches the finest possible,
the horses caparisoned with every or
nament which could be added to en-
nance their beauty.
The driver, in a bearSkin coat and
cap, with bearskin gauntlets, was a
sovereign in his way. No matter what
the grade was, no matter how fierce
the blizzard or how deep the snow,
he carried things through on schedule
time. He cared nothing for snowslides
or high water, and his ruling idea was
that he must make the station ahead
Of the opposition line.
III this work there We're r0~0n men,
each with personality OF Ill. uWl and
all with a perfect art in their hands
and their brains which made them SOW
ereigns, and the locomotive that sue
ceeded them did not very much in
crease the time which some of them
made. Each had his friends, his cham
pions; each was greatest in his sphere
among a certain crowd, but they were
altogether great. The like of them was
never before and never will be again
Salt Lake Tribune.
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-08-18
When Young
Archibald Was
Reused by c. B.
LIE WIS
Copyright, 1904, by c. B. Lewis

"He is too lazy even to fiirt with me-"
1t was Miss Hattie Graham. L. S. A.,
travelling with her father il the east
and just at that time at a hotel in
Smyrna, who spoke the above words
with contempt in every infection. Six
weeks previously they had met young
Archibald Weston, son of Sir Wallace
Weston, who was also travelling. or.
rather, daWdling, over the country. He
had been friendly for an Englishman;
but, although David Graham was
millionaire and entitled to Hon" be
fore his name and Miss Hattie was I'M
der twenty, handsome, vivacious and
an heireSs, there hadn't been the slight
est attempt even at a Irritation. Young
Weston was a good looking fellow of
twentyfOur and not Mt all a cad, but
it was too much trouble for him to fiirt
or make love. He was languid, he was
lethargic, he was a drOner and Il
dreamer. He would reply, law, yes"
and "Aw, no." and now and then don
cher knaw," but he would sooner listen
than talk and sooner sit in Il deck
chair, with a ripe in his mouth, and
gaze at the moon or at the clouds than
to promenade the deck with one of the
best looking girls he had ever seen.
He said she was, but lie said so to him
self and yawned after saying it.
Miss Graham was not iinging herself
at any mans head, and she wasn't dy-
ing for Irritation, but it was Il new
thing in her experience to find a man
bored with her presence. She could see
many good points in the Englshman,
but on the whole she had a feeling of
contempt and showed it plainly He
on his part took no pains to conceal the
fact that he didn't care much what her
opinion was. One night while steaming
among the islands she was in the
mood to- speak her mind
MIR. Weston, you are young. rich
and in good health, and you ought to
be making Il mark in the world for
yourself Instead of that you are
drone in the hive. Even to live from
day to day seems to bore you. Do
you think it possible that even an
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-08-18

earthquake would arouse you from
your morbid Indifference for ten min
utes?"
Bah Jove, Miss Graham, but
couldn't really say, doncher knaw," he
drawled in reply, thus making the lon
gest speech she had ever heard from
his lips.
1t happened that young Westons
route was the same as the Grahams',
but he did not reach Smyrna with
them. He oversight at the hotel at
Bondroun and missed the steamer and
happened to catch one three days
later. His arrival at the hotel at last
had been carelessly announced to Miss
Hattie by her father and had called
forth the remark BETTING the man and
the occasion
mo, not much hustle to him." re-
piled the father as he looked in a dis
gusted way at his ill tasting cigar
'Hustle"' exclaimed the girl. "Why,
I'll wager that if he stays in Smyrna
for a week he won't move a hundred
feet from the hotel. l wish | could
pride boy to explode a cannon fire
cracker under his chair"
Had she wagered she would have
lost. Three days later, when father
and daughter drove out to the foot
hills of the mountain range to the east
to see the tomb of XerXes or somebody
else Of equal renown, they We're fol
lowed in a second carriage by young
Weston. True, the scenery had no in
terest for him, and the flies permitted
him to dose most of the way, but
he actually got out of the carriage
when the tomb was reached and put
up his eyeglass to study the epitaph
He did more. He got a lunch basket
and a bottle of champagne from his
carriage and with great effort forced
himself to say:
Nov then, doncher knaw luncheon
goes with this"
So did something else-sOmething not
put up at the hotel and brought along.
The three were picking at the luncheon
when four Turkish brigands, who had
the necessary amount of fleas, dirt and
rags to render them romantic, came
out of the bushes and made the scoop
Of the season, two millionaires and a
good looking girl and not a shot fired
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-08-18
Baltimore & Ohio Railroad
TO THE
WORLDS FAIR.
VERY LOW RATES.

Various forms of excursion tickets
to st. Louis via Baltimore & Ohio
Railroad now on sale from Oak
land as follows:
SEASON TICKETS, good to return
until December 10, 1904. to be
sold daily at rate of S2S.S0 round
trip.
SIXTY DAY Excursion Tickets, final
limit not later thsn December 10,
1904, to be sold daily at rate of
$685. round trip.
FIFTEEN DAY Excursion Tickets.
to be sold daily at rate of 1895
round trip.
VARIABLE ROUTE EXCURSION
TICKETS, either season or sixty
day, will be sold going via one di-
rect route and returning via an
other direct route, full informa-
ton concerning which can be OBJ
tanned from Ticket Agent.
STOP-OVERS not exceeding ten
days at each point will be allowed
at Washington, Deer Park, Noun
tain Lake Park, Oakland, Nit
chell, Ind. (for French Lick and
West Baden Springs, Cincinnati
and Chicago within return limit,
upon notice to conductor and de-
post of ticket with Depot Ticket
Agent Immediately upon arrival
STOP-OVERS not exceeding ten
days will be allowed at st. Louis
on all one-way Except Colonists'
Tickets to the Pacific Coast and
round-trip tickets reading to
points beyond st. Louis, upon
deposit of ticket with Validating
Agent and payment of fee of
S1.00.
Three Solid Vestibuled trains are run
daily from New York Philadel-
phia. Baltimore and Washington
via Parkersburg and Cincinnati
to st. Louis.
Three Solid Vestibuled trains are run
daily from Pittsburg, Wheeling
and Columbus via Cincinnati to
st. Louis.
Magnigcent coaches. sleeping cars,
observation cars and unexcelled
dining car service
For illustrated folder, time table and
full information, call at Ticket
Office Baltimore & Ohio Rail-
road. If.
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-08-18
EXAMINERS NOTICE.

Notice is hereby given. that the under
signed, appointed by the County Commits
sloners of Garrett County, to view the lands
through whice the proposed new road is to
be located, said road to be located in election
district No. 4, beginning at or near the old
mill race bridge on the Bloomington and
WeSternport road and running thence
northwest through the lands of the Davis
Coal & Coke Co., and to intersect the Michaels
and Westernport road at a point known as
Rights water trough and toi discontinue
the old road, the distance of the proposed
relocation being about one mile, and exam
inc whether the said proposed road should
be relocated, will meet on the 10th day of
September, 1904, for the purpose, and to de
termine whether the pubic convenience
requires the said proposed location of said
public road, and if so, to locate the same,
and perform their duty in the premises.
MARCUS NJ. FAZENBAKER,
GEORGE T. MILLER,
THOMAS BURKE,
Examiners
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-08-18


Outside Prussia, his own kingdom,
the kaiser is, strictly speaking, a for
eigner. Should he visit Hamburg he is
Il foreign guest of the burgomaster,
who rules Hamburg as a monarch and
is reckoned with the sovereigns of the
German states. Similarly whenever
the kaiser visits the courts of his al
lied sovereigns of Bavaria, Wurttem-
berg, Saxony and so on he is a guest,
not a proprietor. His relations with
these kings are only those of a chair
man toward his fellow directors.
The kaiser only has free entree to the
other states in his capacity of com
mander of the army and he is able to
travel anywhere as a general, but not
In Bavaria, where he holds no such
command. Bavaria is therefore to all
intents and purposes foreign soil to the
emperor, though it is included in the
German empire.
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-08-18
Lot No. IL
in the subdivision of tract of land called
'Lochiel,' ana described as follows:

in the subdivision of tract of land called
"Lochiel,' ana described as follows:
Beginning for the same at a stone pile
standing at the end of So percheS on the
sixty seventh line of "Lochiel,n said line be
ing also the given line of a tract of land
called "Sava ge Ridge" and running thence
North 564 degrees West, IS perehes 70 a
bounded white oak tree standing ON TIN.
west side of the Frostburg road North s.
degrees West, ia $40 percheS to the middle
of the Savage River, then down and with
the meanderS of said river South 364 degrees
West, perches, South * degrees West. 6k
perches, South 394 degrees West, 26 perches
South BOY degrees West, 10 percheS, South
26E degrees West, 81 perches, South SIX de-
greeS West, 30 perches, North 81 degrees
West y percheS, South By degrees West, y
perches, South Az degrees East 80 perches
South 81 degrees East, 30 percheS, then leav-
ing the river and running thence South 50
degrees East, lO7 percheS to a stake and stone
pile on the North side of the Homecoming
road, then South 50 degrees East, 10 perches
to the middle of the forks of the Homecoming
and FroStburg roads, then with said Iona
coming road South 81 degrees East ~
perches. South Il degrees East, IL perches
South degrees West, 10 perches South II
degrees West, 70 percheS, then South 56% de-
greeS East, Az perches so stone pile in the
SiXty-Seventh line of ''Lochiel," and with
part of said line reversed North 33k degrees
East, III perches to the beginning, con
taiOiOu
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-08-18
ROAD PETITION.

Notice is hereby given that thirty days
after the first insertion of this notice in one
'of the county papers of Garrett county, APP
plication will be made by the undersigned to
the County Commissioners of said Garrett
county for the appointment of viewers to
view and lay out a public county road be-
the B. & o. h. r., in District No l. and run
ming thence through the lands of Thomas
Mines, C. H. Sweitzer Levi Sweitzer, Frank
Sweitzer, Jerry SweitZer, Simon Sweitzer
and others, and to interSect the County road
leading from Swanton to Beckman at or
near the top of the hill near the place of J. d.
AShenfeter, distance of about one mile.
CHAS. II. SwEITZER,
A. +. SwEITRER, SR.,
c. E, SWEITZER,
BENJAMIN SwEITZER, .JR.
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-08-18
Proposals for Building Sidewalks

Sealed proposals will be received by the
Mayor and Town Council of Oakland, Mary
land, for the erection of a sidewalk fronting
the opera house block in Oakland, beginning
at the corner of Green and Second streets
and ending at the north property line of Fl.
Lauer and extending from the property line
along said block to the wood curbing.
Proposals will also be received for the
erection of a walk from Second street to
Railroad street walk.
Plans and specifications may be seen at
the store of d. E. Bolden Il Co., Second
street, Oakland.
Proposals must be on file with the clerk of
said Mayor and Council not later than six
O'Clock August 18th, 1904, and endorsed on the
back Proposal for erecting Sidewalks
BY order of the Mayor and Council of Oak
land.
j. c. DUNHAM, Clerk
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-08-18
NOTICE.

The undersigned hereby gives notice to the
general public not to trust or harbor my
wife, Mary Ann Bittner, who left my bed and
board without just cause or provocation,
panied her, they being Jonas, Henry and
Clara b. Bittner, as | will not be RESPONSE
Bile for any debts she, the said Mary Ann
Bittner, nor they, the said Jonas, Henry and
Clara b. Bittner, may contract in my name.
JEREMIAH BITTNER.
FriendSVille, Md, August 5th, 1904. 30 st
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-08-18
Two Hundred and 0ne.FOurth Acres.

more or less, it being the same property
which was conveyed by Thomas f. Green
and wife to Jefferson 5. Green by deed dated
the 18th day of August, 1893, and duly record
ed in Liber E. u. 7. No. -, folios 246, etc, one
of the Land Records of said Garrett county,
Maryland.
Terms of Sale, as prescribed by the decree
Cash on day of ale.
Conveyancing at cost of purchaser
ID. LINDLEY SLOAN,
Trustee.
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-08-18
The Keyser Preparatory Branch
OF THE WEST VIRGINIA UNIVERSITY.
Next Tenn Begins Sept. ID. 1904


Classical and Engineering Preparatory
Courses for Students intending to enter
College.
A Commercial Department in which Stu
dents are thoroughly fitted to I'LL respon-
Slble positions. A special Course for
Teachers of Commercial Branches
Special instruction for public School
Teachers.
Instruction in Music.
Splendid New Building Provided ,'r-
State.
a Beautiful Location. Healthful Surrssi
tngs Enthusiastic Teachers.
Free Tuition to West Virginia Students
i'll all courses except Music.
No Tuition In Commercial Department.
Small Tuition charged Students from other
States.
Library, Literary Societies, Gymnasium
Athletic Teams.
Accommodations for Students at moderate
cost. Open to both sexes.
For free catalogue of the school and an
nouncement of the Commercial Depart
ment, address the Principal,
L. L. FRIEND,
keyser. w. Va.
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-08-18
MONDAY, ~
The 5th Day Of September 1904

at the hour of II O'Clock A. NJ, in front of
the court house door in the town of Oakland
Garrett county, Maryland, | will offer at
public auction to the highest bidder all tine
Following described real estate situate, lying
and being in Election District No II of Gar
rett county, State of Maryland. aforesaid:
All that lot. piece or parcel of ground
known
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-08-18
Supervisors Notice Of
APPOINTMENT OF
Jud@eS&( Clerks
OF Election.
OFFICER OF THE
BOARD OF SUPERVISORS OF ELECTIONS
For GARRETT COUNTY.

BOARD OF SUPERVISORS OF ELECTIONS !
For GARRETT COUNTY.
OAKLAND, MD, AUG. Ii, 1904
The Board OF Supervisors OF Elections for
Garrett county. Maryland, having selected
the following named persons to be Judges
and Clerks OF Election in and for the several
election districts of said county in accord
ance with the provisions Of Section OF Ar
ticle 33 Of the Code OF Public General Laws
of the State OF Maryland for the year 1890
hereby give notice Of the names and post
Office address of each person so selected as
Judges and Clerks, and also the political
party which the Board of Supervisors of
Elections intendes each of said persons to
represent, respectively.
The law make it the duty Of the Board to
examine promptly INTO any complaints
which may be preferred to them i'm writing
against any person so selected and to remove
any such person whom upon inquiry they
find to be unfit or incapable to discharge the
duties incumbent upon them as election
officials.
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-08-18
The Maryland Agricultural College
COLLEGE PARK, MARYLAND.

MARILAND'S SCHOOL OF TECHNOLOGY.
THREE COURCES OF INSTRUCTION.
AGRICULTURAL. MECHANICAL.
SCIENTIFIC.
Each Department supplied with the most
modern and approved apparatus. Practical
work emphasized in all Departments. Grad
yates qualified to enter at once upon life's
work. Boarding Department supplied with
all modern Improvements bathrooms
closets, steam heat and gas.
New buildings with every modern improve
ment, and old buildings thoroughly renova-
ted by opening of first session. Tuition.
hooks, Heat, Light, Washing, Board and
Medical Attendance, with annual deposit,
$50 one hundred and fifty nine dollars, for
scholastic year. Daily visit by physician to
College. Catalog giving full particulars sent
on application. Attention is called to the
Short Course of ten weeks in Agriculture
Write for particulars.
Term Commences, Thursday September, Is.
Early application necessary for admittance.
Il. W. SLY ESTER, President.
College Park. Maryland.
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-08-18
Election District Number One
SwantOn.

Frank SharpleSs, Democrat, Judge of Elec
ton, Swanton: Sheridan StOttlemeyer, Re
publican, Judge of Election, Beckman.
Sames l.. McRObie, Democrat, Clerk OF
Election, SwantOn; Alfred B. Mason, Repub-
lican, Clerk of Election Beckman.
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-08-18
Election District Number Ten
Deer Park,

Emil f. Droege, Democrat. Judge of Elec-
ton, Deer Park; Isaac A. Paugh, Republican
Judge Of Election, Deer Park.
Michael J, Garrett, Democrat, Clerk OF
Election, Deer Park; j. b. ShOckey, Republi-
can, Clerk of Election, Deer Park.
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-08-18

Albin FaZenbaker, Democrat, Judge OF
Election. Barton; Salem V. Broadwater, Re
publican, Judge of Election, Merrill.
David Warwick, Democrat, Clerk of Elec-
ton, Barton; David p. Hansell, Republican
Clerk of Election, Homecoming.
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-08-18

Milford E. Frazee, Democrat. Judge OF
Election, FriendSville; Selathial Savage, Re
publican, Judge OF Election, Friendsville.
Jos, f. Friend, Democrat, Clerk of Election,
Kendall: Burbridge Thomas, Republican,
Clerk of Election, Friendsville. -
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-08-18

earthquake would arouse you from
your morbid Indifference for ten min
The Columbus weekly dispatch. (Columbus, Miss.) 1902-1905, 1904-05-26

Mr.. Wadsworth Lipscomb is in
the city for a brief stay before
Beginning his duties as assistant
TO the pastor of the First Method
ist church in Meridian. Mr..
Lipscomb will be engaged in this
work until fall when he enters
Drew University to complete his
course in Theology.
Many learn with regret of the
painful injuries Mrs. Elizabeth
Watt sustained from fall last
week. She was severely bruised
and the left wrist was dislocated,
but no permanent ill-effects will
result. A rapid con~aiescence is
wished for her.
Mr.. aud Mrs. Howard Teasdale
will spend the next few weeks
with Mr.. B. A. Weaver. Later
they will be mum bered with the
Summer wanderers whose leave
taking will soon be in order.
Mr.. and Mrs. E. 2. Wilkinson
entertained at beautiful dinner
party Wednesday in honor of
Mrs. Robert L. Simpson, of
Chattanooga.
Mrs. Marshall Morgan, of
Nashville, Tenn. is expected this
week, and will be the guest of
her parents, Mr.. and Mrs.
Gresham.
Miss Mary Lowe Manning, OF
Aberdeen, will arrive at an early
date to be with Miss Mary
Garth.
Mrs. L. NJ. Tucker is visiting
in Monroe, La. With her are
Mr. and Mrs. Richard L. Brad
ley.
Miss Mary Jeptha Harris ar
rived Wednesday from pleasant
visit TO Meridian and Aberdeen.
Mrs. Greenwald and children,
of Meridian, are greeted as the
guests Of Mrs. Kaufman.
Mrs. c.. H. Mathis is in Hot
Springs, and will be absent sew.
eral weeks.
Mrs. Joseph Donoghue left
Thursday evening for Flushing,
Long Island.
Miss Critz, Of Bristol, Va, is
the guest of Miss Anne Louise
/ Lee.