davidaulloa/AmericanStories huggingface dataset:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-12-14

part of the institution, CIR from the use
OF the property for investment pur-
poses.
There may be cases where the use
of the property of such an owner for
other purposes is OF such dominant
character, and the occupation by the
owner for it's own purposes is so
incidental and trivial, or where the
use of the property by the owners for
it's own purposes is SO plainly an at
tempt to evade taxation, the sub
stanIial use and occupation being for
other purposes that such occupation
would not be sufficient to make the
property exempt from taxation under
our statutes.
It follows that the decision of the
question as to whether or not the use
and occupation by such an associa-
ton. for it's own purposes, of its prop
erty are sufficient to bring it within
the exemption of the statute must de-
pend upon the particular facts of each
case. 1t is considered by the court in
this case that the occupation of the
property by the defendant is sufficient
to bring it within the exemption Of the
statute.
Judgment for Defendant.
Reed. Dec. Il, 1904.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-12-14
AUGUSTA, WINTHROP
4 GARDINER RAIL- MAY,

ion, IN effect May /, 1904.
Cars leave Augusta for Hallowell and
Gardner every half hour on the hour and
ha1lo hour 4 from s 4 N; to 10 p M for
A. M. -, y. - .
Cars leave Augusta for Winthrop $50
and $50 A. M Commencing at 7.50 leave
Il minutes sef9 I3 = every hour until $50 p.
Hallowell. $50 from Augusta connects at
winthrop with train for Lewiston, Port
land and Pennington. The $50 p. M. car
from Augusta connects at Winthrop with
trains east and west.
Cars leave Augusta for Togus $50. $50,
First car Sunday. 8 4. NJ: ' anu :"
Cars leave ToGus for Augusta, where
connections are made with the Winthrop
and Gardiner lines g. Z, $50. $50. 1910 and
Sour e ss st and s ssv ana i half
First car Sunday $50 A. M.
Cars leave Winthrop for Augusta $50
Commencing at $50 leave every hour ten
First car Sundays ESQ "A. N.
with NJ G. train West. All cars run to
N. c. station at Winthrop week days till
$50 p. M. Good connections made at
winthrop with N. C. trains. :
Cars leave Gardiner for Augusta where
Togus lines every half hour fifteen min
utes before and fifteen minutes past the
hour from SIS A. N. to 9.15 p. M. The
9.6 p. M. for HaIlowell only; 10l5 r. NJ.
for Hallowell and Augusta only.
Sunday time same as above. except that
L F. TAYLOR, Supt.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-12-14
Androscoesin County.

Georgia A. Dingley VS.. Inhs. of Lisbon.
Rescript by Wiswell. c. J. (No
Opinion).
This is an action to recover for inju-
rjes sustained by the plaintiff on &C
count of an alleged defective condition
of a highway in the defendant town.
The trial resulted in verdict for the
plaintiff, with damages assessed at
s126666. and the case comes to the law
court upon the defendants motion for
a new trial.
The situation was this: The Moody
road so called, intersects the highway
leading from Lewiston to Lisbon;
along the westerly side of this highway
is the track of the Lewiston, Brunswick
and Bath Street Railway Company.
which had to be crossed by any one go
ing from the Moody Road into the Lew
iston and Lisbon Road: the Moody
road. at its intersection with the other
road, branches both nOrtherly and
southeriy to accommodate travellers 60
ing either in the direction of Lewiston
or Lisbon: the southerly branch, to.
wards Lisbon. crosses the street rail.
road track diagOnally and at quite
sharp angle. On the evening Of Janu-
airy 26. 1908. the plaintiff was being
driven by her son in pung from their
home easterly along the Moody Road
intending to turn into the Lewiston and
Lisbon Road towards Lisbon. The de-
fective condition of the waycomplained
of was a ridge of snow and ice along
the western side of the street railroad
track, some eighteen inches higher than
the track and with sharp decline from
the top Of the ridge down to the track,
caused by the accumulation OF snow.
that had been thrown from the street
railway track by the railroads. snow
plow during the winter. and which had
been allowed to remain there and had
become very hard. smooth and slippery
on account of the considerable amount
of heavy teaming over it. The. plaintiff
claims that when the pung in which she
was riding was driven across this ridge,
diagonally and at quite a sharp angle
with the railroad track, the runner on
the left side suddenly went down, caus-
ing the pung to be overturned and the
plaintiff to be thrown out upon the
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-12-14

d half cord. fney weigh 20 heavily
that We do not think the jury were
warranted In finding as they tlid. for
the plaintiff. T.
This case has been tried once before.
with the same verdict. which was set
aside. At this trial both sides
strengthened themselves upon the COL
lateral issues. but not upon the main
issue. The case stands where It did be.
fore. We think that SO much stress
was laid upon the quality Of the wood
and the market price. that the atten-
ton of the jury was distracted from
the real issue of the case. They might
have been justified in finding that
ta'r market price of such wood as that
was at that time was two dollars and
MALT cord; hut we do not think. I'M
ger All the circumstances of the case. a
verdict which finds a contract. to pay
TWO dollars and half a cord should be
sustained. The case some time or other
must be decided upon the merits Of the
real issue.
Motion sustained. New trial grant.
ed.
Reed Dec 18th 1904
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-12-14
Eight Opinions From the
Highest Court.
Seven by Chief Justice and One
by Justice Savage.
Cases from Six Counties Involving
Many Matters.
Penobscot County.

Penobscot County.
George H. Hathorn VS.. George Wheel
wright. Rescript by Wiswell, c. J,
promissory note given in consider
alton for the sale of an invention, which
Is adjudged to be nom patentable, or for
a patent which is void for want of now
city and utility, or from any other
cause, is not enforcible by the original
prOmisee.
For long time a rule prevailed in
this State to the effect that a partial
allure of title constituted no defense to
/ suit on note given for real estate.
But this rule was abrogated by the le-
gislature in 1897. r. S. c. "a, Sec. 40.
and it was never applicable, in this
State, to a note given for other consid-
erations. Upon the contrary. it is we'll
settled that a partial failure of consid-
GRAFTON may be shown in reduction of
damages.
Whenever a promissory note is given
tions and there is a failure of consider
ton as to one. as where the title to one
of the articles sold is not in the vendor
| at the time of the same. or where there
| is breach Of warranty or a misrepre-
sentation as to quality, for the purpose
| Of avoiding circuity of action, the law
| will allow the defendant, in an action
between the original parties. or be-
tween others standing in no better pc.
sition, to show such partial failure OF
consideration in reduction of damages.
| In this case, one of the inventions
sold by the plaintiff to the defendant.
and for which the note was given in
part. proved to be void because it was
an infringement upon former patents:
this fact is defense pro tanto to the
note.
Although the case was reported to
the law court for it's determination it is
considered by the court that the evil
dence as to the extent of this partial
failure Of consideration. or as to the in
jury to the defendant by reason of this
fact, is not sufficiently definite for the
court to pass upon that question the
trial of the case having apparently pro-
ceeded upon the theory that the result
depended upon the question as to
whether or not partial failure of con-
sideration could be shown in partial
defense to the action. The case should,
therefore, be remanded to nisi prius for
trial.
Remanded to nisi prius for trial.
Reed Dec. 12th 1904.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-12-14

Isaac Sharp, sx-Govsrnor. Of KAnsas,
In letter from 1877 I street, n. E.Wash-
ington, D. c., writes:
81 can earnestly recommend your
PeFuna ~ m excellent tonic. Its
reputation - = cure for cafanh Il
firmly established BY my friends, WHO
have been benefited BY Its use, and
the public should know It's great cuea.
tive qualities. ".-Isaac Sharp.
Congressman 81. Henry Powers writes
from Morrisville, W.:
"Peruna have used In my family with
success. I can recommend Il - IN e.
cellent family remedy"
If you do not derive prompt and satis-
factory results from the use Of Peruna,
write ut once to DR.. Hartman, giving .
full statement Of your case and he will
be pleased to give you his valuable I'd.
vice gratis.
Address DR.. Hartman, President Of
The Hartman Sanitarium, Columbus. o
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-12-14
Aroostook County.

Thomas A. Fisher vs.. BOSTON q Ma'ne
RAILROAD Company Rescfipt ny
Wiswel, c. j.
when a common carrier has trans
,orted goods over its own lines 10 It's
tsrn,n.,s. or to the point of intersec-
ton with a designated con2ectins
..;.r and is there una bic TO deliver
49,, n the connecting carrier, WITH
80 arv fault upon is part. itssduty
"a liability as common carrier
s.oses hut the duty still rests upon
.sa carrier. as forwarder. to exercise
~ 90. .onable care and diligence to pre-
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-12-14
al{{ld5I|II|HlI

-" eWVSs w. - bO4Vs
Passenger trains leave Augusta - fol-
THROUGH TRAINS.
GOING WEST-22 A. M, daily. excepe
Monday for Portland and Boston: SO
a. M. for Lewiston. Pennington. Phil
ups. Rangeley. Rockland. Portland, Bos-
ton; bridgton. Montreal and Quebec: 1000
Ton Ton, Phillips. Carrabasset. Rockland.
Portland. Boston. N: Conway. Fabyans.
Lancaster. Gorham. N. H.. Berlin Falls,
Colebrook and Beecher Falls; 3io p. M
local to Portland; 3.45 P. M, (express) for
brunswick, Portland. Boston. connecting
I HT,d saah' I cortland: lewiston Cornish,
F. n. for So. Gardiner: loss p. NJ, might
Pullmam every night for Lewiston. Bath.
Portland and boston.
pressl for skowhegan. Bangor, lar Har-
Dor. St Stephen, (Calais). St John, Hall
TAX and Ar1ostook County and to Wash
inston Co T. r.; Sunday morning going
east does not connect for SkowheEan. Bel.
iast, FoXcroft. or beyond Bangor. 637 A.
A., FOR Waterville. Foxcroft and Bangor:
Sao a. Nj; for Wateryille; Belfast, Show.
2. NJ. waterville, 'Foxcroft, Bangor, oid
Town. Patten. Houlton and Caribou. via
=; e. 4. r r., vanceboro. St. stephen.
ana Ma'a Hsaf nonit3n; Woodstock: st. John:
and Winthrop; 2.30 P. M, express for Wa
feryiile. Bangor. Bar Harbor Wash. Co
for Waterville Oakland, North Anson'
Eingham. Skowhegan. Belfast, Foxcroft,
Greenviile. Bangor Old Town and Malta
sl'NDAYS-Going West, es2 A. NJ, for
Portland. Boston; los A. NJ, 1888 P. NJ
Tor Brunswick. Bath. Portland and Bos-
ton. Going east, 1859 A. NJ. (nizhO BAN
gor. 9.15 A. NJ, for waterviIie. SkowhcRan
and Bangor: go P. NJ. Bangor
q, The Night Pullman Train leaving at
H5s A. NJ. Sunday morning, going East
does not connect for Skowhegan, Belfast,
Foxcroft or east Of Bangor.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-12-14

MISS ESTELLE BLANCHARD.
.,..-sars suffered from backache and
.- IN. Mains in the side, caused by kidney
1919 rrhich threatened my life. The doc
ro'. "A 4 was Bright's disease. My liver
ms 'd Effected. Nothing seemed to reach
a.auhe We had friend who was cured
Yt.on;c kidney trouble by Warmers Safe
q cu .nd She persuaded me to try it. At
su - of the first week l was greatly re-
" -. 4. the Mains in my back were not SO fire.
- -. or 20 severe. After taking three bot
.Tuss cured. This occurred about q year
.rd I have never had the slightest
sshs since. r-Estelle Blanchard, 1l33 Col
ussns Ave, New Orleans, La, April !6, "a.
,,in. in back, head and side; restlessness
-, ';rSt moor digestion, female ills. ETC., are
s5siling signs Of kidney disease. II
= have any of these symptoms
FAMINE YOUR URINE.
n. m infallible test of kidney disease. II
,mr morning urine, on standing "a hours,
.msins sediment, is cloudy, or shows
Citing psrticles, your kidneys are seriously
Ssassd and must be treated at once.
TSere is only ons remedy that can be used
III absolute safety and confidence-War'
WI Safe Cure, put up for years at Roch'
sS,r n. Y. by the Warner Safe Cure Com
nsy and sold at all drug stores, SO cent?
ah 81 bottle. =.
Tsrner's Safe Cure is used by leading
,aydcans, and in hospitals, as the one GER
"a cure for all diseases of kidneys, liver
hAider and blood-the remedy that cure
vbsn al else fails. and leaves no bad aftel
S4n Get bottle to-day; it will save 20,
vars Of suffering. 1t has saved thousand
dives.
WARTERS SAFE PILLS move tn
hvels gently and aid a speedy cure.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-12-14
When You Have q Cold.

When troubled with cold give
Chamberlain's Cough Remedy a trial.
1t always cures and Is pleasant and
safe to take. The enormous sale Of
this remedy at home and abroad for
more than quarter of a century ia
certainly suhicient guarantee of its SUI
perior excellence. For sale by John
Coughlin, Augusta, C. H. Beane, Gardi-
ner.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-12-14
ACCOMMODATION TRAINS.


Through tickets to California and all
points South and West may he had of r
H. Walker, ticket agent, Augusta, the
only office in Augusta selling via all
pense.
GEO. F. EVANS. v. p. & Gen. Man.
r. E. BOOTHBY, G. p 4 r. A.
Portland, Me.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-12-14

American Agricultural Chemical Com
pany VS.. Thomas G. Huntington and
Arvilla F. Huntington. Rescript
Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1904-09-22
ROOSEVELT THE ISSUE.
Army. Navy and Nation.
To the Editor Of The World.

10 the Editor OF The World
Theodore Roosevelt in speech at Chicago
April 10, 1899, said:
The army and the navy are the sword
and shield which this nation must carry if
she is to do her duty among the nations of
the earth
In his first message to Congress Presi-
dent Roosevelt said
We desire the peace which comes, as of
right, to the just man armed, not the peace
granted on terms of ignominy to the craven
and the weakling.
AT Chicago on April 2, 1902, he said
There is a homely adage which runs
''Speak softly and carry big stick you
will go far.' Ii the American nation will
speak softly and yet build and keep at a
pitch of the highest training thoroughly
efficient navy the Monroe doctrine viii go
far.
1t appears that none of the numerous
Republican spellbinders has had the temer-
ity to defend any ones of the above three
propositions of President Roosevelt But
the people of America would do we'll to de-
mand more details in regard to such langu-
age, which, if it means anything, signifies
that President Roosevelt favors largely
increased navy and army
am not posted as to the strength of the
army and navy in 1850. But it was many,
many times less than it is to-day And
yet in 1850 we deserved and received this
ero... ID .al..-l
sometimes quote the United States of
America, and ! think in this matter of self
defense they set us a very good example.
Does anybody dare to attack that nation?
There is not more formidable power in
every sense Of the although you may
talk Of France and Russia--than the United
States of America, and there is not states
man with head on his shoulders who does
not know it, and yet the policy Of the
United States has been to keep very small
amount Of armed force in existance.
RALEIGH T. GREEN.
Culpeper, Va, Sept, 5.
Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1904-09-22

In his charge to the Grand Jury in At
lantic county on Tuesday, justice Swayze
directed especial attention to the charges of
bribery and corruption practice dat the late
primaries in that county. If the rumors of
doings in the primaries of this county are
half true, there is need of an investigation
here as well as in Atlantic. 1t is the duty
of persons having cognizance of violations of
law to inform the Judge and have the sub
ject sifted.
Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1904-09-22

Editor Albright would appear in a much
more honorable light before the public il
he frankly acknowledged the truth of
Loudenslager's treachery to the New York
Shipbuilding Company. Every man en-
ployed at those great works knows why
the contract to build two battle ships was
not awarded to them, and what struggle
Mr.. Morse had to get one. But why
mince words, 'sDavy" Baird decreed that
Loudenslager should be re-nominated, and
be was, and Mr.. Albright fears political
paralysis if he tells what he knows.
Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1904-09-22
What Equal Taxation Is.

What Democrats mean by equal taxation
is a very simple proposition. 1t is that
railroad property shall be assessed and tax
ed at the same rate as other property. 1t
is now assessed and taxed differently. Rail
road property is segregated for purposes of
stem,'' which includes the roadbed, not
over one hundred feet in width, and its
buildings used for passengers; seeond-al
other real estate used as railroad property,
other than the main stem, designated as
second class property third tangible
personal property, such as rolling stocks
ferryboats, &C.; foui th-franchises. On
three Of these classes of property the rail-
roads are required to pay an annual tax of
one-half of one per cent. al of which goes
into the State treasury for the support of
the State government. 4 tax of one and
half per cent. is levied on all second class
property, and this goes to the support OF
the municipalities in which it is located
Mr.. Black, in his supplemental report, in
1897, recommended that this tax on second
class property be increased to the local rate,
whatever it might be. This was as far as
he got at that time, but he has now reached
a more advanced position. His idea now
is that all real estate owned and used by
the railroads, including the main stem,
should be taxed at the full local rate whree
ever it is found, and the tax paid over to
the municipality.
Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1904-09-22

The Republican County Convention last
Friday was far from being a harmonious
gathering. The Watkins Andrews forces
had the power and they used it with relent-
less functional spirit J. Boyd Avis was
renominated for Assembly and S. S. Ledden
for Coroner. The organization will be adj
ministered by Mr.. Andrews and his friends
and that means "War to the Knife and
Knife to the hilt'' to all who oppose it.
Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1904-09-22

H. c. Loudenslager was renominated for
Congress in Camden theatre last Friday
amid scenes of harmony. But anybody could
see that it was not the harmony of love
but of the big stick, that impelled the del
egates to submission. 'Davy" had waved
his magic wand over the District and har-
mony came forth.
Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1904-09-22
STATE TICKET.
For Governor
Charles c. Black
OF Hudson.
Democratic County Convention.

The delegates representing the Democratic
party elected in the various townships, wards
and boroughs of Gloucester County at the pri-
mary election on September 18th, 1904 are re-
quested to meet in Prehls Hall, Woodbury.,
n. j., on
Saturday, October LIST, 1904,
at two o'clock p M, for the purpose of placing
in nomination a candidate for General Assembly
and one Coroner.
GEORGE P. PIERCE,
Chairman of last Democratic Co. Convention.
E. l.. STRATTON,
Secretary.
Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1904-09-22

The Republican State platform straddles
the important issue of the campaigning
Taxation.
Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1904-09-22

We have made some inquiry as to who
is the father of the present Primary Elec-
tion Law, and have been informed that
Senator E. C. Stokes brought it forth. 1t
is now up to Bro Albright to prove that
Stokes is innocent.
Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1904-09-22
aus EARLY scnooL pAYs.

Full Of life and mischief of the average
American boy of spirit, young Black was
often the first the teacher pounced upon on
his return, yet it was in this school and by
this master that he was prepared for Prince
ton college, which he entered in the fall Of
1874. His spirit Of innocent mischief
followed him to college and be was an
active participant in the harmless pranks
Of the coliegian Of that time. Princeton
students to this day consider it worthy
ambition to aspire to be one of those who
Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1904-09-22
For Vice President
Henry G. Davis
Of West Virginia.
ELECTORs-AT-LARGE.

HOWARD CARRoW. of Camden.
RICHARD Y. LINDABURY, of Union.
First district JOHN w WESTC0TT, of Cam
den
Second district, B. FRANK HIRES. of oumber-
land.
Third district. ISAAC W. CARMICHAEL of
Ocean,
Fourth district ROBERT L. STEVENS of
Somerset.
Fifth district WILLIAM J. CURTIS, OF Union.
Seventh district, AUGUSTUS II. WANDER
POOL of Essex.
Eighth district EIVIN W. CRANE, of Essex.
Ninth district, JOHN J. VOORHEES,, of Hudson.
Tenth district EDWIN A. STEVENS, of
Hudson
Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1904-09-22
FROM THE INSIDE

The readiness with which Atlantic City
has been made to yield up great majoritles
in favor of the Republican machine, has
Away been the basis of great claims by the
Republican newspapers But here we have
candid description, by Republican news
paper, of the recent Republican primaries
for Senator of Atlantic, as conducted under
Mr. Stokes primary law
ATLANTIC CITY DAILY PRESS
FOR PRESIDENT
THEODORE ROOSEVELT
"of New York
Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1904-09-22
Continued From First Page.

nominated Charles G.. Black He said in
part: II present as leader for the party
candidate, who, although he is now an
honored citizen of another county, is be-
loved by Burlington, whose son he is.
in Judgment and in learning and by
reason of his study of the subject which
has been made the battle cry for this cam
paign, he is better qualified than any other
man to lead the Democracy to victory in
this campaign.
with the state suffering under a bur
den of monumental extravaganza, the fruit
Of Republican misrule, and with the peo-
pie feeling the heavy burden, no more
formidable candidate can be nominated
The graft and greed of the Republican
party in our state have reached that pitch
where the people will gladly welcome back
the Democratic party Of proper men and
measures.
'The Democratic party has nominated
for its presidential candidate safe and
sane man to terminate the extravaganza
Of the Republican misrule in national af-
fairs.
SIN the man whom we love IN Burling
ton county and whom we hope will soon be
loved as a Democrat by all the people of
New Jersey, we find a man who will work
and meet the issues Of the campaign as
they have never been met. | present the
name of Charles G.. Black
At the mention of Blacks name the
third great demonstration broke loose COM
pletely. Hudson led and the whole dele
CATION soon had the convention in deli
rum of enthusiasm for the equal taxation
candidate. The. ovation lasted several
minutes. Camden and Essex counties
seconded the nomination. Gloucester Co.
was unintentionally skipped and Hudson
was called. The pandimonium broke loose
again Senator Robert Hudspeth, whom
South Jersey wanted to make a candidate,
was recognized. The delegates forced him
to take the stage.
In brief speech he seconded the nomi-
nation Of Black He said: Representing
the glorious and faithful Democracy Of
Hudson county, we second the nomination
If Charles c. Black. Hudson county be
eves that with Black as the standard
bearer, backed by the magnificent and
unequigocal platform just adopted, the
party is destined to win a glorious victory
in November.
Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1904-09-22

The New York Democracy nominated
Judge D. Cady Herrick for Governor
yesterday on the fist ballot. The York
State Democracy is united and confident Of
victory