davidaulloa/AmericanStories huggingface dataset:
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-05-14

489: Curtis y. Bank. Har. & ]. Is:
or IL he makes a note and signs 1t as
executor. Dunno Y. Deery. 40 Iowa. 2o1,
Foster v. Fuller, Mass 50: Woods y.
Ridley, ~ Miss, 119; Germania Bank
vs.. Michaud, 80 L. R. A. 2Su (Minn.,;
where he submits a disputed question
to arbitration without express limita-
ton of his liability, Riddell v. Sutton, 5
Bling, 100; where judgment states
that it was renderer against him as ad
ministrator il 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, Lev. 3; Evans
v. Foster, Ia l.. r. A. 1T (Wis.) In
Perry v. Cunningham, 40 Ark, 1876, the
acceptance by an administrator of an
order drawn on him by creditor of
the estate conditioned to pay as soon
as accruing rents of the estate would
permit rendered him personally liza
Bile upon receipt of the rents An ex-
, ecutOr becomes bound personally up
| on his promise to pay the debt Of the
! the testator in consideration that the
creditor will forbear for time to
press his claim. Bishop on Contracts
| (Enlgd. Ed Sec. 1852, 1 Story on Con-
| tracts 6 Ed Sec. 361, and the cas- as
! there cited These principles are also
! reiterated in l Bishop on Contracts
! e Ed 12S and in the elaborate note
mentioned n the brief, 50 Am. Dec,
| beginning at P. lis.
! u. 10,
not maintain the suit because she was
| not a signatory to the contract is un-
| tenable under Milaini v. Tognini 10
| New. 1874, and under the decisions cited
there and in 8 Cyc., P. 377 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
ais benefit? Beslues the statute 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 q 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 q
court to fix 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 tSate
and ex-of1icio Clerk of the Supreme
Court
BY J. W. Sitton, Deputy.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-05-14
Interesting Facts.

Here are some interesting facts ;b-
out the Panama canal:
Canals total cost nearly 5000 100000
Panama Canal company share, Sac,
100000.
Length, 46 miles.
Time of passage, to 10 hours.
Present tiem-New York to San
Francisco, via. Cape Horn,-6O days.
Time via Panama canal-approxi-
mate-24 days.
Annual Underestimate 900 vcs-
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, 1904-05-14

w. p. Stewart. the reliable piano
tuner is receiving orders at Stein
metz drug store for q short time only.
Special attention to thorough repairs
and fine tuning. Call and let me ev-
plain how I can and do sell or OK.
change instruments cheaper than Ct
her agents. Best quality. Easy terms.
Call at once.
u L, II Il.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-05-14
SUPREME COURT DECISION.
IN THE SUPREME COURT OF THE
STATE OF NEVADA.

LILLY ESDEN,
Appellant.
v.
EMMA KAISER,
Defendant and Respondent.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-05-14
Cheney, Massey and" Smith,
Attorneys for Appellant.
CurIer and Kinu,

Attorneys for Appellant.
CurIer and King,
Attorneys for Respondent.
This case is imilar to that of Lilly
Esden ". Emma Kaiser, just decided
by this court and for the reason ind1ca-
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 a 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 ]. w. Sitton, Deputy.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-05-14
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, 1904-05-14

UOn).
Eighth: 1t is further agreed -t4 IT.
whenever during the administration
Of said estate. and before the final dis
tribut5on thereof. said executrix shall
nave in her possession money belong
ing to said estate in excess of the sum
of Five Thousand Dollars. ($50O0l,
that she will, on request, pay to the
said parties entitled thereto. their re-
spective shares and proportion there
of as above stated, without application
10 the. court for an order for partial
distribution and that the parties 10
whom 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,
1901.
EMMA KAISER (SEAL)
CHAS. KAISER (SEAL)
MRS. MARY KENT (SEAL)
MRS. LILLE ESDEN (SEAL)
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-05-14

FROM SAN FRANCISCO ar
banks of the BEAUTIFUL TR
NEVADA MOUNTAINS. In n
magnificent lots in depot tract O
where the Division Headquartel
improvements. are now under col
The Bottineau courant., 1904-08-12
RUSSIA DOES NOT RECEDE
MAINTAINS SHE WAS JUSTIFIED
IN SINKING THE KNIGHT
COMMANDER.

st. Petersburg, Aug. 1.-THE Rus
sian reply to Great Britain's repre-
sentations on the subject of the sink
ing of the British steamer Knight Com
mander by the Vladivostok squadron.
while couched in friendliest terms.
does not recede from the Russian po-
sition as set forth in the prize regula-
tons, in regard to the exercise of the
right to destroy neutral vessels carry
ing cOntraband in cases of emergency.
reserving the question for discussion
after the war. At the same time Rus
sia assures Great Britain that the ex-
treme recourse to sinking neutral ves-
sells, as announced Aug. 6, will not be
resorted to unless circumstances rem
der it impossible to take them to q
prize court
The Russian reply in the case of the
knight Commander points out that
the prize regulations under which Rus
sia is acting were promulgated nine
years ago and that Great Britain did
not enter . protest until after the pres
a::t wEr S---
The Bottineau courant., 1904-08-12

rupted frequently 'Dy applause x::a
cheers, which extended the duration
OF its delivery considerably. His
pledge that he would, if elected, re-
fuse denomination, was received with
long continued burst of cheering. He
followed his manuscript closely, the
one exception being an extempore re-
mark at the outset to the effect that
he desired to make plain beyond any
possible misunderstanding his belief in
and adherence to the gold standard.
Judge Parker's statement on the gold
standard was as follows:
II want it thoroughly understood
throughout the country, so understood
that misunderstanding in the future
will be impossible, that I am for the
gold standard of currency and that if
elected l shall do all in my power to
maintain that standard"
At the close of the speech Judge
Parker held an informal reception,
which was begun on the speakers
stand and continued on the Rosemount
veranda.
In the meanwhile bombs were fired
in salute from the deck of the yacht
Sapphire.
Nearly an hour was occupied in
greetings between Judge Parker and
the guests at Rosemount. The party
then re-embarked on the Sycamore,
which conveyed it to Hyde Park,
where a special train was taken for
New York
The Bottineau courant., 1904-08-12
Do They Mean Resubmission2

The republican legislative conven-
tion in Benson county passed resolu-
tion to the effect that "some more
feasible and efficient method of con-
trolling liqour traffic should be adopted
and enacted by our legislature. 1t
is hard to tell by this resolution
whether the republicans of Benson
county want resubmission or merely
want the Shells law repealed.
The Bottineau courant., 1904-08-12
Railroad Assessment Unchanqed.

The state board of equalization has
fixed the valuation of railroads for
the purpose of assessment at the same
figure as last year, $500 per mile fo1
main line of the Northern Pacific and
Great Northern, and $4,000 per mile
for branch lines and $1,000 for side
tracks. The 500 was assessed at the
same figures as last year, $1,000 pc,
mile for the main line and $4,000 per
mile for branches. The same figures
as last year were adopted for the as
sessment of express companies. There
have been some increases in mileage
on the roads, which will increase the
total valuation of railroad property tc
the extent of $1,000, 900, or nearly tha,
Ennc,.~+
The Bottineau courant., 1904-08-12
JUDGE PARKER NOTIFIED THAT
HE IS DEMOCRATIC PRESI.
s DENTAL NOMINEE.
FORMAL ADDRESS BY CHAMP CLARK
CANDIDATE STANDS WITH BARE
HEAD IN A SHOWER DURING
sE THE CEREMONIES.

EsOpus, N. Y, Aug. 11.-Judge Alton
=. Parker was during the day formally
notified of his nomination as the can
didate of the Democratic party for
president.
I4T The ceremony occurred on the lawn
OF Rosemount, his handsome country
home, and in addition to the members
lsof the notification committee and many
prominent men of his party, hundreds
OF the candidates friends and neigh
bors assembled to witness the event.
The weather was not auspicious
The sky was overcast and threatened
a downpour, but in spite of these un-
favorable signs it was decided that
| the ceremony should be held on the
| grounds instead of on the boat which
brought the notification committee
and it's guests from New York. Be-
fore Representative Champ Clark had
concluded his formal address the rain
began to fall fitfully, but Judge Parker
stood bareheaded in the shower and
received from Mr.. Clark's hands the
official letter which informed him OF
the action OF the St. Louis convention.
Before the ceremonies were begun
| the Seventh Regiment band, which
was stationed on the grounds near the
house, played several selections.
i Clark Begins His Address.
I Judge Parker's family was escorted
to the summerhouse on the lawn by
| National Chairman Taggart and New
York State Chairman Meyer. Mr.. Tag
gart and Mr.. Meyer, accompanied by
Representative Clark, chairman of the
notification committee, then escorted
Judge Parker from the house to the
stand. The candidate was greeted
with cheers. There was no wait in the
ceremonies. AS soon as the little
| party reached the stand Representa-
tive Clark began his address.
Mr.. Clark was enthusiastically
cheered throughout his address and at
I its close was accorded an ovation,
which was merged into the reception
extended to Judge Parker. During the
speaking rain began to fall fitfully and
many umbrellas were raised.
Judge Parker, with barred head, stood
on the platform throughout the speech
with utter disregard of the rain which
dampened him from head to foot and
unruffied and he smiled with the spec
tators at the witticisms with which
Mr.. Clark interspersed his address.
Mr.. Clark concluded at 2:16 and then
presented to Judge Parker the formal
notification signed by the chairman
and other members of the committee.
Flags were frantically waved at the
close of Mr.. Clark's speech, the spec
tators cheered and it was full min
ute before Judge Parker was permitted
to speak.
Before beginning his address of ac-
ceptance Judge Parker advised the
crowd to get under the trees out of
the rain. 1--WE don't mind the wet"
was the spontaneous reply. Judge
Parke began his address at 2:18 p. m.
and concluded at 1854. He was given
tremendous and continuous applause
and the band played the "Star Span
gled Banner"
Parker's Speech AppIauded.
Judge Parker's speech. was inter-
The Bottineau courant., 1904-08-12
RUSSELL.

Every body is haying.
A. G. Russelll is getting his harvest
goods in.
John T. McGovern visited West
hope Monday.
! There will be grand ball in the
new hall Friday night.
Andrew Newborg and family took
in the fair at the county seat last
week.
The lumber is all hauled for the
new Catholic church near the river at
La Porte's. & 81
Mrs. w. E. McGovern is visiting
with her daughter, Mrs. Sterrett, at
Maza this week. ~
Fred Wendtland still persists in
saying that the fine house erected by.
him has no especial significance
Jesse Kane took in the agricultural
fair at Bottineau last week and ex-
hibited his blooded horse. Clown.
The basket social at Hamel's last
week, for the benefit of the new church
at that place, was big success, net
ting about $50.
The neat farm house Icing built
by L. L. Stair is only one of the many
that will be put up here during the
summer and fall.
Jesse Kane is enthusiastic over his
macroni wheat. With the large crop
he will get this year he thinks he can
afford to vote the republican ticket.
Quite lot of barley has been cut
and the wheat is about ready-in fact
some of that cereal has been laid low.
By the end of this week the hum of
the binder will be heard on every
side.
The Bottineau courant., 1904-08-12
Best bull calf-John Dinwoodie. 1st

prize.
Best COW thress year old or over
John Cudhie, 1st prize; John Din.
woodie. 2nd prize.
Best two year old heifer-John Din
woodie, 1st and End prize.
Best heifer calf-John Cudhie. 1st
prize; John Dinwoodie, 2nd prize
Best herd-John Dinwoodie, Isl
prize.
Best bull any age-John Dinwoodie
1st prize.
GRADE CATTLE
Best COW three year old or over-W.
II. Fleming, 1st prize; Wm. Russell,
2nd & 3rd price,.
Best heifer calf-Wm. Russell. 1st
prize.
Best fat steer-D. A. Clark, Isl
prize
DAIRY CATTLE
Best COW year old or over-J. N.
Greiner, 1st prize
SHEEP
Best fine wool ram over one yea1
old-Wm. Dinwoodie. 1st prize.
Rest fine wool ram one year old
VIM. Dinwoodie, 1st prize.
Best fine wool ram lamb-Wm. Din
woodie, 1st prize.
Poct
1st prize.
HOGS
Best Berkshire boar 19O4-H. R.
Russell, 1st & 2nd prize.
Best Berkshire SOW 19O4-H. R.
Russell, 1st & 2nd prize.
POULTRY
Best pair guinia fowls-John Din
woodie, 1st prize.
AS worthy of special mention. was
exhibited, very fine and intelligent
parrot, by Mr. J. G. Thompson.
And also worthy of special mention
was the specimean of bronze grass ex-
hibited and raised by Mr.. s. Keating,
it standing fully six feet high and
heavily matted from the roots up for
about eighteen inches with a growth
of red clover
Practically speaking our fair just
held was our first, and like all other
things of like nature. was not, in all
respects, as we would have had it. and
could have been made better in many
ways.
But we are satisfied with our efforts,
they being our first, and with the
help and assistance of the farmers of
Bottineau county, we promise that we
will give another fair next year, and
by profting from our experience of
this year, will give fair of which no
farmer need but feel proud.
It is our intention to erect build
ing wherein the fruits of the loom, the
dairy, the gardens and the fields and
the handiwork of the wives and
daughters may be shown, and as the
fair will OF necessity be held before
grain of next year will be in condition
for exhibit it would be we'll for those
having grain this year worthy of ex
hiDition to preserve specimens thereof
for next years fair.
By order of the Board of Directors,
VIM. Stewart, president.
!. A. Painter sec. & treas.
At meeting of the board Of direct
ors of the Bottineau County Agricul-
tural Society held on the evening of
the 10th inst. the following preamble
was read, approved and ordered to be
printed, towit: Whereas, BY the
generous liberality Of the Bottineau
Turf Club, we were furnished the use
of their grounds in which to hold our
The Bottineau courant., 1904-08-12

fair and Whereas, By, and by reason
OF, the generous contributions and
liberal patronage given and extended
to as by the citizens of the city Of
Bottlneau, we were enabled to hold our
fair and meet all of our obligations
therefore.
Therefore be it resolved that we the
officers and directors of the Bottineau
County Agricultural Society, in our
own behalf and in behalf of the So
ciety do hereby tender and express our
gratitude and thanks to the members
and officers and directors of the Bot
tineau Turf Club, and especially to
the citizens and business men of the
city of Bottineau for their wholesome
and plentiful contributions and
patronage.
And be it further resolved that we
90 hereby offer and express to Mr..
Thomas Battle, stranger in our
midst, and to the citizens of the
county who so satisfactorily officiated d
as judges Of the stock and in such
other capacities as were needful to
us. our thanks for their services.
William Stewart.
President.
John Dinwodie,
Vice President.
Henry Russell,
Levi Mellon,
John Mckay;
Directors.
J. A. Painter,
Sec. & Treas.
The Bottineau courant., 1904-08-12
PRIZE AWARDS
T.ist of Prizes Awarded at the County
Fair Last Week,
THE PRIZE WINNERS.
HORSES


Best Clydesdale stallion-Steve
yNestacott, 1st prize.
Best P erchero stallion-Joh1
Cudhie, 1st prize; Robert Mccain,
sand prize.
Best English Shire stallion-Steve
Westacott, 1st prize.
GENERAL PURPOSE HORSES
Best Brood mare-R. R. Tippen,
ast prize; D. A. Clark. End prize
John Cameron. 3rd prize.
Best flley two years old-R. R. Tip
peu, lst prize
Best foal 19O4-Hugh Nichol, 1st
grize; Levi Mellon, 2nd prize; D. A.
Clark, 3rM prize.
Best Gelding year old-C. G..
Forsberg, 1st prize.
Best team in harness-L. Lans-
mcugh. 1st prize.
Kanes' special prize for best foal of
1894 sired by his stallion, Clown
George Stewart, 1st & End prize.
CARRIAGE HORSES
Best brood mare--Dick Williams.
1st prize; VIM. Stewart, 2nd prize.
Best mare 3 years old-Henry Rus
sell, 1st prize.
Best flley two year old-Dick
Williams, 1st prize.
Best foal of 19O4-Dick Williams,
1st prize; VIM. Stewart, 2nd prize.
Best filley one year old-Wm.
Stewart, 1st prize.
Best team in harness-John Stacey,
1st prize; Bob Kippen, end prize
Frank Lille. 3rd prize.
Best single driver in harness-Frank
Lille. 1st prize, s. Launsbrough, End
prize; Arthur Hall, 3rd prize.
SPECIALS
Best roadster stallion-Kane' s
Clown, 1st prize.
Best Shetland stallion-Willie
Sawyer. 1st prize.
81 SHORTHORNS
81. Best bull 8 years old or over-H. R.
Russell, 1st prize; John Finlayson,
and prize; johnson and ,Glumsett,. srd
prize.
Best bull 2 years old-Dick
Williams. 1st plize.
Best bull one year old-Levi Mellon,
2st prize.
Best bull calf-Levi Mellon, 1st
prize D. A. Clark, 2nd prize; Duncan
Stewart, 3rd prize.
Best bull any age-Levi Mellon, 1st
prize
Best COW years old or over-Levi
Mellon, 1st prize; D. A. Clark. 2nd
prize; Levi Mellon. 3rd rrize.
Best one year old heifer-Le~i
Mellon, 1st & 3rd prize; D. A. Clark,
Ind prize.
Bsst heifer calf-Levi Mellon. 1st
Reize.
Best herd-Levi Mellon, 1st prize.
POLLED ANGUS
Best bull 3 years William
Davie, 1st prize.
HEREFORDS
Best bull 2 year old-John Din
weodie, 1st prize.
Best bull one year old-John Cuhdie,
Est prize.
The Bottineau courant., 1904-08-12
Sheriff Moody Acquitted.

The jury at Wahpeton brought I'm a
verdict of not guilty in the matter of
the removal of George E. Moody from
his Office as sheriff of Richland county.
on charges of malfeasance The &C.
tion was tried with great warmth both
by the state and the defense. The
jury was out less than one hour
The Bottineau courant., 1904-08-12
Gasoline Engine ExpIodes.

injured by the explosion of a gasoline
engine in his confectionery store at
Fargo last week. Fargo's new fire de-
partment had it's first experience.
Later it was called to respond to a
barn fire in another part of the city.
The Bottineau courant., 1904-08-12

The state board of equalization mas
completed the equalization of real
property, and has begun work upon
the assessment Of personal property.
From figures SO far completed the to-
tai valuation Of all property in the
state this year will be about $156, ,000,-
600, an increase of nearly $10,00O,000
over last year. The tax rate this year
will probably be about $3,500,O00 for
general purposes, reduction of 3-10ths
OF mill from last year. The follow
ing percentages of increase in real es-
tate valuation were ordered by the
board: Bottineau, S; Cavalier, Is;
Eddy, s.; Logan, Is, McHenry, 10;
Mclean, Is: Morton, 10; Pembina, 10;
Ramsey, 10; Richland, 16; Sargent, Is:
Stark, 10; Towner, IL; Trail, %;
Walsh, 20; Wells, 5. The following
decreases were ordered: Dickey, 20:
Ward, 20; Williams, Is.
The Bottineau courant., 1904-08-12

The hailstorm last ~eex s;ss more
severe south of Grand Forks than was
supposed, and considerable damage
was done. The damaged streak be-
gins about Merrifield, seven miles
southwest of the city, is about two
miles wide and extends into Minneso-
ia, being approximately five miles
long. The damage runs from total to
10 per cent, and will approximate a
total loss on $500 acres.
The Bottineau courant., 1904-08-12

A new Singer Sewing machine TO
sale cheap. Apply at
(July 8 tf) E. Ertresvaag's.
The Bottineau courant., 1904-08-12

The Courant for job work.
The Bottineau courant., 1904-08-12
SENATOR SCOTT TAKEN ILL.,
West Virginian Stricken at Republican
Headquarters.

New York, Aug. 11.-United States
Senator Nathan B. Scott of West Vir
ginia was taken suddenly i'll at his
desk in the national Republican head
quarters during the day. 1t is reported
the attack is serious stomach trouble
similar to one year ago. The senator
was taken to the Fifth Avenue hotel
where physician and trained nurse
are in attendance.
The senator's physician said the at
tack was one of acute indigestion
Mrs. Scott was sent for. She arrived
at the hotel during the afternoon. She
said the senator was resting quietly
and that the attack was not as seri
Gus as several that had preceded.
The Bottineau courant., 1904-08-12
Noorna Retains the Cup

Noorna Retains the Cup.
Dorval. Que, Aug. 1.-THE Noorna
won the fifth and deciding race in the
Seawanhaka cup series, defeating the
White Bear. Noorna finished at
3:5S:28; White Bear at 4:01:O2.
Noorna retains the cup.
Seek Receivership.
G. E. Burgess, one of the stockhold.
ers of the North Dakota Telephone
Company, seeks to have the affairs of
the corporation wound up and a re.
ceiver appointed on the grounds that
the telephone line has been converted
into a telegraph line almost to an ex'
clusion of the telephone business
Edwards Woods & CO. are, are said
to own the majority of the stock Of the
company by recent purchases, and the
line has been converted largely into a
commission telegraph line, according
to the complaint of Mr.. Burgess, who
was one of the original stockholders.
The case reached the district court
at Grand Forks last week on a motion
to be allowed to file an answer. The
time had expired for such filing, and
Judge Fisk assessed small damages
and gives the attorney for the tele.
phone company right to file an an.
sWer within ten days.
The Bottineau courant., 1904-08-12

Parker's Speech AppIauded.
Judge Parker's speech. was inter.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1904-09-10

states bore card with the comDii-
ments Of the Guthrie Commercial
club on them. Another feature that
made the watermelon feast such a re
markahlc success was the fact that
the melons were cut on the Historic
box used Ia the land drawing at FL
Reno at the opening of the Kiowa and
Comanche country.
The following Is one OF the many
letters Secretary MolSeand has re-
ceived concerning the Oklahoma wa
termelon feast
GO N. Kingsbury presents his conf
plimen's to the Guthrie Commercial
club through it's secretary. and tn
him for the kid remembrance and
for the variety furnished to the daily
bill Of fare at the Rhode Island build.
ing by the fine watermelon received
yesterday"