davidaulloa/AmericanStories huggingface dataset:
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-05-16
Contest Notice


Department OF the Interior, United
States land Office. Lewiston. Idaho,
March a. 1904.
sufficient contest af1idavit having
been filed in this Office by Lewis M.
Henderson, contestant, against home
stead entry No. 1868, made May 20,
1900, for lots 81, 90, section 10, town
ship 33 NJ, range W., by Eli Carasco,
contestee, in which it is alleged that
said entryman has wholly and entirely
abandoned said tract Of land for more
than six months last past and next
prior to date hereof: contestant fur
Their alleges and charges the fact to be
that said entryman has wholly and en-
tire'y failed and neglected to comply
! with the requirements of the home
stead law in the matter Of settlement,
residence and cultivation Of the land
! embraced in this entry: contestant fur
Their alleges and charges the fact to
be that said entryman did not. within
six months after the date of his entry
erect a h'use upon said land. nor did
he ever at any time. or at all, estab-
lish his residence upon the land en-
braced in this entry.
Said parties are hereby notified to
appear respond and offer evidence
/ touching said allegation at 10 o'clock a.
m. OH May 10. 1904. before the Register
and Receiver at the United States land
Office. in Lewiston. Idaho.
| The said contestant having, in a
proper affidavit. filed April 9, 1904, set
forth facts which show that after due
diligence personal service of this notice
can not be made, it is hereby ordered
and directed that such notice be given
by due and proper publication.
CHARLES H. CARRY, Receiver
Apr. 12-May 49,
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-05-16
Alias Summons

;, the probate court of Nez Perez
,,ptv state Of Idaho.
Ia,;ston National Bank, corpora
zion plaintiff, VS.. A. S. Thurber, de-
~ A. S. Thurber. defendant, the
s.ote Of Idaho sends greeting:
Won are hereby notified and re-
..,rea to be and appear before the
asnve entitled court in the above en-
titled cause, and to answer the COM
LIANT of the plaintiff on file herein, on
,he sth day of July, A. D. 1904. at the
..,r Of ten (1O) o'clock, A. NJ, thereof
- Judgment will be taken against you
~, default, in accordance with the
araver of the complaint of the plain
~ for the sum Of $4,000. with interest
oocrued in the sum of $3.50. and with
;nterest on the sum of 100000 from
,o.31-19O3 at the rate Of 1 per cent
nor month, from said date to judgment
and for costs OF suit.
The general nature of this action is
,s follows: Plaintiff alleges that on
,he oath day Of August, A. D. 1903, the
said defendant. A. S. Thurber, with
another, executed and delivered for
va,ue to the said plaintiff, a promis-
sorry note for the sum of $4,000 with
interest at the rate of 1 per cent per
month from date to payment, and pro-
viding for the payment of the further
sum by said defendant, Of $500, in
the event Of suit or action to inforce
the payment Of the same or any part
thereof, and that the said sum of $500
ia attorneys provided in said note
Plaintiff AYERS that the payment OF
said note has not been made, and that
the whole thereof is now due, owing
and unpaid from the said defendan,
IN this plaintiff, and demands judg-
ment in the sum as hereinbefore SET
forth. In support of all of which you
are hereby referred to the complaint
a COPY of which Is served herewith.
And you are further notified that II
YOU so fail to appear, and the complaint
as herein required. the plaintiff will
take Judgment against you for the sun
of $4,000, with the further sum Of
$3.50. accrued interest,", and for inter.
est on the sum Of 100000 at 1 per CEN
per month from 12-3--1903 to judg
ment, and for costs Of suit.
To any constable or to the sheriff O.
Nez Perez county, state of Idaho
greeting:
Make due service and return Of thi.
writ.
This writ issued and tested this tn,
9Th day of May, A. D. 1904.
w. B. REESE.
Probate Judge in and for Ne
Perez County. Idaho, and ex-of
ficio Clerk Of the above Court
l. N SMITH, Lewiston, Idaho.
ATTORNEY for Plaintiff 5-7-7-
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-05-16
Notice Of School Election

An annual election of school direc-
tors will be held in the public school
building on the third Monday Q6th)
Of May, 1904. for the election Of three
members Of the board OF education OF
Lewiston Independent district No. l;
one to fill the vacancy caused by the
resignation OF Mrs. Nellie z. Russell
for the term Of one year and two for
the term of three years each. to fill
vacancies caused by the expectation of
the terms of H. K Barnett and George
A. Smith. Polls will open at o'clock
and close at 6 o'clock. BY order of
the board H. X. BARNETT, Clerk.
Dated Lewiston, Idaho. April 26. 1904.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-05-16
Notice to Creditors

In the district court of the United
States for the district Of Idaho, North
western division. In bankruptcy
In the matter of c. H. French, bank
rupt. In bankruptcy.
To the creditors of c. II. French, in
the county of Nez Perez and district
aforesaid, a bankrupt.
Notice is hereby given that on the
End day of May. 1904 the said c. II.
French was duly adjudicated bankrupt,
and that the first meeting Of his cred
itors will be held at Lewiston, County
of Nez Perez. state Of Idaho, at the
office of B. S. Crow, referee on the
oath day Of May, 1904 at 10 o'clock
a. m, at which time the said creditors
may attend, prove their claims, appoint
a trustee, examine the bankrupt and
transact such other business as may
properly come before said meeting.
B. s. CROW,
Referee in Bankruptcy.
Lewiston, Idaho, May 10, 1904
May 10-May "a.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-05-16
Notice for Publication

department of the Interior Land Of
nee at Lewiston, Idaho.
Lewiston, Ida, March 31.-Notice is
"eieoy given that the following named
settler has filed notice of his intention
=" make final proof in support of his
>'"l''' and that said proof will be
"t"ue before the register and receiver
Lewiston, Idaho. on May IS, 1904,
viz:
ALEXANDER ROSICO
u Lapwai, Idaho, for lots 10, IA and 10.
y rs, township IS NJ. range w.
ne names the following witnesses to
I've MS continuous residence upon
cultivation of said land. viz:
Aiired ]. Sulier of Lapwai. Idaho.
1ohn Moran Of Lapwai, Idaho.
ray Wood of Lapwai, Idaho.
''S N. Armstrong of Lapwai Idaho.
~, ]. B. WEST, Register
mar. sl-Aay lss
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-05-16
Notice Of Attachment

In the district court of Second judi
cial district of the state Of Idaho, in
and for the county Of Neg Perez.
The Genesee Exchange Bank, a cor
poration, plaintiff, VS.. John Vernon. A.
NJ Warner and w. A. Holland, defend
ants
To whom it may concern:
Notice is hereby given, That an at
tachment issued out Of the above en-
titled action in the above entitled cause
against the property of said defend
ants, on the 21st day Of April, 1904.
Dated this 23rd day Of April, 1904.
J. r. LYDON,
Clerk of the District Court.
BY GEO. e. ERB, Deputy.
l. N. SMITH, Attorney for Plaintiff.
Apr. 23-May 49,
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-05-16
Notice for Publication

Department of the Interior, Land
Office at Lewiston Idaho.
Lewiston, Idaho May 10, 1904.
Notice is hereby given that the fol-
lowing named settler has filed notice
of his intention to make final proof IN
support of his claim, and that SAID
proof will be made before the Register
and Receiver at Lewiston. Idaho, on
June %, 1904, viz:
THOMAS NJ. RICE
Of Rosetta. Idaho, for the WIZ neA sec
ton 81, swA sell and sell swA section
40 township Sc N. range w. Il. Nj.
He names the following witness to
prove his continuous residence upon
and cultivation of said land, VIZ.
James Rice, of Rosetta, Idaho.
Stephen Wyman, of Rosetta, Idaho.
John Davis, of Rosetta, Idaho.
Jason Butler. of Rosetta. Idaho.
]. B. WEST Register.
MAY 13-June 80
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-05-16
EIGHTH GRADE EXAMINATIONS

'nree Sets Of Questions Will be Sent
Out for the Test
10 pupils and teachers-There will
We three sets of Eighth grade examina-
.ioh questions issued this spring as
ionows: March 2S, 80 and 81; April
q, :" and %; May 26, 81 and %.
examinations will be held in several
parts of the county as follows: Lew
Soh' Leland, Nezperce. Clifford. South
WICK and Spalding.
BERNICE MCCOY,
county School Superintendent.
March II, 1904. Mar 17-May q
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-05-16
W. r. c. No. 7

Rosa Cannon. president; Eliza Baum.
s. v. president; Mary Giffen. ]. ".
president: Sarah A. Rowley. treas
urer; Eliza Pierstoff, chaplain; Mag
gle Parker, conductor: Barbara
Trip. guard; Susan e. Manning
secretary.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-05-16

You are paying at the least calculation
75c for the one paper you get, why not
rot txvo Of the best for the same price.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-05-16
n. T. MADCWlCk
Contractor And Builder
LEWISTON, IDAHO

. . . - . . . . . . .
LODGE DIRECTORY 81
. 80 - . 90 .
Lewiston Lodge Of Elks No. soe
Meets every first and third Saturday Of
each month at the Masonic hall q.
w. Temple. exalted ruler; Chas. W.
Mount, secretary.
Neg Peres Lodge No. 10 A. 2. L A. N.
Regular communication the second
Wednesday nights Of each month
All sojourning brethren welcomed
T. B. Ward. w. NJ. J. d. McConkey
secretary.
Excelsior Lodge No. 2. x. Of p.
Meets every Wednesday evening at
o'clock. Visiting knights always
welcome. J. A. Cook. X. Of r. L g.:
Geo. F. Loeb, c. G.
Modern Woodmsn II America
Regular meetings second and fourth
Thursdays of each month. Third
floor Of Adams block. r. J. Edwards
v. c.: Henry Fair. clerk.
Moss Rose Circle No. 1888, Women Of
Moderate
Meets on the second and fourth Mon.
days of the month al Odd Fellows
hail.
Court Lewiston No. 5, Forsstsrs o.
America
Meet every other Thursday evening al
Odd Fellows hall. NJ. L. Smith. c
R.: John Roe. F. 8.
rsesminioum Tribe No. 9, !. o. r. ~
Meets every Friday evening at Ma
sonic hall. F. B. Wader. sachem: L
LeQuime, c. Of p.
Pearl Assembly No. 1870, United
Artisans
Meets OH first and third Saturdays in
the l. o. o. F. hall.
Augusta A. Hive No. II, L. o. T. M.
Meets first and third Thursdays at Z: 81
.. m. sharp at Masonic hall. AL
visiting members cordially invited
Mary e. Hollywood. lady commander
IS Snake River avenue.
Mountain Gem Chapter, No. 7, o. z.
Chapter room. Masonic hall. statet
communications FIRST and third Mon
s. days Of each month. Mrs. Elfzabetl
Barnett. w. M: J. H. McConkey. w
p: Mrs. Louise SQu,er. secretary.
!. o. O. =. Enoamoment
Clearwater Encampment. No. 7. !. o. @
F.. meets second and fourth Satur
days. VIM. Schuldt. c. p: e. A
Rowley. scribe. Visiting patriarch
welcome.
l. o. o. T.
Lewiston lodge, No. 8, l. o. o. F., meet
every Tuesday evening at 1880. WIN
Schuldt. N. G.: E. A. Rowley. r.
Visiting brothers welcome.
Alpha Rebekah Lodge No. I, !. o. o.
Meets every Friday evening at ia
o'clock. Sister Nettie Knight, N. G
Sister Emma M. Edwards. r. s
Visitors welcome.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-05-16

Commandery, Knights Templar
Templar, holds regular conclave on
the first Saturday evening of each
month at the Masonic temple. e. D.
Thomas, recorder; ]. D. McConkey,
E. Com.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-05-16
r. 3. Hayes Post No. 2, G. A. r.

II. q. hayes Fost mo- z o. n N
Department of Idaho meets first and
third Friday in each month in the
city hall. H. w. Kimbrough post
commander; L. Rowley, s. v. p. c.;
Henry Tobin, J. v. P. c.: s. L.
Thompson. chaplain: A. Small, sur
geon; ]. S. Cox, o. D.; S. r. Strong.
o. G.; Geo. A. Manning, adjutant and
quartermaster
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-05-16
STEAMER LINES
SAN FRANCISCO
PORTLAND ROUTE

Steamer sails from Portland : p. n.
every fve days.
Daily Boat Service between Portls ~
Astoria. Oregon City. Dayton, Salem.
Independence, Corvallis and all cl~
lumbia and willamette river point.
Snake River ROu,e
Steamers leave Lewiston at a l.,
daily. except Friday. Returning, IL =
Riparia 4:05 a. m. daily exceDt Sa
day.
Weekly trips to Wild Goose Fro 4
stage of water permitting.
c. w. MOUNT. General Agtaa
Lewiston. go
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-05-16
MILES 5. JOHNSON
Attorney and Counselor

County Attorney Of Neg Perez County
Office in Adams Block
Lewiston, Idaho
L. s. Land Once and Department,
practice. Mining litigation, State and
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-05-16

0ssOSuCy'0S Law
AND NOTARY PUBLIC
All business carefully attended to.
VIII practice in all courts of Washing
ton and Idaho. once on Main street
In Dent & Butler block
JAMES E. BABB
Attorney at Law
Lewiston National Bank Building.
Lewiston Idaho.
Practices In State and Federal Courts
Of Washington and Idaho.
FREDERICK D. CULVER |
Attorney and Counselor
Omces: Suite 20, Adams Block.
Lewiston. Idaho.
ANDERSON & MCPHERSON
Attorneys at Law
Owl Drug Store Building.
All legal business carefully attended to.
MILES 5. JOHNSON
Attorney and Counselor
County Attorney Of Neg Peres County
Office in Adams Block
Lewiston. Idaho
L. s. Land ONCE and Department,
practice. Mining litigation, State and
Federal Courts, Washington and Idaho
EUGENE A. COX
Attorney at Law
Room
Lewiston National Bank Building
Thomas Mullen F F.Wa,l
MULLEN & WALL
Attorneys at Law
Practice in Idaho. Washington courts,
Lewiston National Bank building, Lewis,
ton, Idaho.
PHYSICIANS
F. 1. HlNKLY. M. D.
Physician Surgeon
once: Room Z. Beach Block
over Owl Drug Store
Diseases Of Women Speciality
ONCE Phone TAI
Residence Phone 743
LOUIS J. PERKINS. N. D.
Physician and Surgeon
Special attention given to Surgery
and Chronic Diseases.
Room ~ Adams Block.
Once No. l343. Residence S1S
JOHN F. hURLBUT, ND.
Physician Surgeon
Rooms 3. 4. and Thiessen Building
ONCE Phone: 1891.
Residence Phone 1888.
5. A. ROE. MD.
Homeopathic Physician ant
Surgeon
Room IA, Adams Block, Lewiston, Ida
Special attention to Eye, Ear. Nos
and Throat.
Telephone No. 81.
CHARLES c PHILLIPS, MD.
Physician and Surgeon
ONCE: Room %. Adams Bloch
Office Phone 1913
Residence Phone 734
F. S. STIRLING. MD.
Physician and Surgeon
Office: Weisgerber Block
Main Street, head Of Second
)ffice Phone 703
VETERINARY SURGERY
DR.. LEAK
Veterinary Surgeon
AND HORSE DENrIar
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-05-16

|. o. O. F.
Lewiston lodge, No. 8, l. o. o. F.. meet
every Tuesday evening at 1890. VIM
Schuldt. N. G.: E. A. Rowley. r.
Visiting brothers welcome.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-05-16

Alpha Rebekah Lodge No. I, !. o. o. r.
Meets every Friday evening at 4:
o'clock. Sister Nettie Knight, N. G.;
Sister Emma M. Edwards. r. s
Visitors welcome.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-05-16
SHORT LINE

1Fast Trains at Convenient H. =
h Between Spokane and Puget Soul &
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-05-16

For rates, folders and full info II -
ton regarding trips. call on or addr. -
any agent o. r. & n. Railway.
Middlebury register. (Middlebury, Vt.) 1886-1937, 1904-03-11
ut. He blames it to civiliza-

has the govt. He blames it to civiliza-
ton.
DR.. G. Sims Woodhead of Cambridge
university, an eminent authority on
tuberculosis, is lecturing in the United
States.
William Laclede, once famous as a
negro minstrel has been taken to a Gin
cinnati hospital hopelessly paralyzed.
Both limbs are useless, due, the doctors
say, to too much dancing.
The religious feelings of the natives
of the Punjab are so strongly opposed to
the killing of rats, and disinfection is so
unpopular, that it has been decided to
let the plague follow its course there,
absolutely unchecked.
There has been no yellow fever in the
United States for three years, excepting
the recent development on the Mexican
border of Texas. Some cases of yellow
fever have come into Cuba, from Mexico
in the last three years, but in no in
stance was the disease communicated to
others.
Middlebury register. (Middlebury, Vt.) 1886-1937, 1904-03-11
THE MAN WHO KNOWS 1T ALL

The man who pretends to have
thorough speaking acquaintance with
every known subject under the sun, and
Is imprudent enough to endeavor to
make people believe everything he says,
Is described in different ways, says the
Philadelphia Evening Telegraph. Some
of his friends have formed these opin-
ions OF HIM
The ice man-He's nipped!
The gambler-He's bluffing!
The contortionist-He's twisted!
The Spiritualist-Hes in trance!
The plumber-He's not on the level!
The conductor-Hs's of his trolley!
The miser-He's got rats in his gar
ret!
The trapezist-He's way up in the
air!
The lexicographer-He thinks he
knows 1t all!
The theatrical manager-He's only
playing to the gallery!
The aeronaut-Hell came back to
earth one Of these days!
Middlebury register. (Middlebury, Vt.) 1886-1937, 1904-03-11
Estate of Geo. s. Walker.

The undersigned, having been appointed
by the Hon. Probate Court for the District of
Addison Commissioners, to receive, examine
and adjust all claims against the estate of
district, deceased, and all claims exhibited in
onset thereto, hereby give notice that we
win meet for the purposes aforesaid at
In said town of Whiting, on the 10Th day OF
March 1901. and 26th day OF June, next, from
1o'clock p. m. until o'clock p. m. each OF
day OF February A. d 1904, is the time limited
by said Court for said creditors to present
their claims to us for examination and allow.
ance. " F.t TT
Dated at whiting this 18th day of February.
A. ID. 1904.
s,us 81 J. J. s shwYSh' Commissioners.
EUGENE l.. HORTON, Administrator. 10
Middlebury register. (Middlebury, Vt.) 1886-1937, 1904-03-11
Hattie A. Flint was appointed a post
master of the fourth class at Hancock,
M arch 3, says a Washington despatch.
Se6al 1lottces.

We, j. Edwy Buttolph and Ernest +. Rich
both of Middlebury in the county OF Addison
and State of Vermont, do certify that we
have this day formed a limited partnership
under the provisions of Chapter No. Isl OF
the Vermont Statutes, relating to the forma-
ton of limit ed partnerships.
That said partnership is formed for the
purpose Of buying, selling and dealing gen
orally in groceries, provisions, boots. shoes
and other merchandise at said Middlebury.
The firm name OF SAID partnership ana the
name under which the business of said part.
nership is to be conducted is Z. f. Rich.
The said Ernest r.. Rich is to be a general
partner in said partnership and the said j.
Edwy Buttolph is to be a special partner in
said partnership.
The amount of capital contributed by the
said j. Edwy Buttolph, as special partner. to
sum of SIX thousand dollars, in actual cash
payment.
Said partnership Is to commence the first
day OF March, A. D.. 1904, and continue there
after for the term Of five years.
Dated at Middlebury aforesaid, this first
J. EDwY BUTTOLPH.
ERNEST E. RICH.
STATE OF VERMONT,
0DIsTRICT OF ADDISON IS.
At Middlebury in said county this first day
of March, A D., 1904. personally appeared j.
Edwy Buuolph and Ernest f. Rich, person
ally known to me and known to me to be the
persons whose names are subscribed to the
foregoing certificate and severally acknow
lodged before that they signed the same.
that the matters and things therein stated
were true, and that the same was their and
each Of their free act and deed.
Before me,
CHARLES A. EARLE,
Justice of the Peace
W. H. DAVIS, Attorney. 10
Middlebury register. (Middlebury, Vt.) 1886-1937, 1904-03-11
Estate of John Seeley.

CTATE OF VERMONT, MI, n,
ODIsTRICT OF ADDISON, IS. 1he rrooa'e
Court for the District of Addison:
TIC all persons interested in the estate OF
john Seeley, late OF Middlebury, in said
District, deceased.
GREETING:
By the authority OF the State OF Vermont,
you are hereby notified to appear before the
said Probate Court, at the Probate Office in
OF March, A. ID. 1904, at 10 o'clock a. m, to show
cause, II any you have, why the account OF
j o. Seeley and +. T. Seeley, executors OF the
estate OF said deceased, should not be allowed
and also why the residue of said estate should
not be distributed to the parties entitled
thereto.
Dated at Middlebury. in said District, this
Gath day of February A. D., 1904.
FRANK W. THOMAS, Register.
Middlebury register. (Middlebury, Vt.) 1886-1937, 1904-03-11
Estate of AlansOn Norton.
Commissioners Norton.

The undersigned, having been appointed
by the Hon. Probate Court for the District OF
Addison. commissioners, to receive, examine
and adjust all claims against the estate OF
Alanson Norton, late of Leicester in said Dis
trict, deceased, and all claims exhibited
in offset thereto, hereby give notice that we
will meet for the purposes aforesaid at the
residence of ii. n. Morse, in said town
and 18th day OF August, next, from 10
O'Clock a. IN. until o'clock, p. m, each OF
said days, and that six months from the Isl h
day OF February A. ID. 1904, is the time limited
by said Court for said creditors to present
their claims to us for examination and allow
ance.
Dated at Leicester, VT, this 10Th day OF
February, A. ID. 1904.
II. N MORSE, Observation-Disclosures.
JOHN PRESTON, commissioners o.
L. A. SEvERY, Administrator. 9
Middlebury register. (Middlebury, Vt.) 1886-1937, 1904-03-11
Sour
Stomach

No appetite, loss Of strength. nervous
ness, headache, constipation, bad breath,
general debility. sour rsings, and catarrh Of
inc stomach arc all due to indigestion. Kodol
cures indigestion. This new discovery repre-
sents the natural juices Of digestion as they
exist In a healthy stomach. combined with
the greatest known tonic and reconstuctive
properties. Kodol Dyspepsia Cure does not
only cure Indigestion and dyspepsia. but this
famous remedy cures all stomach troubles
by cleansing. purifying, sweetening and
strengthening the mucous membranes lining
the stomach.
Mr.. s. S; Ball. Of Rsvenswood W. Va, ssys-
vas troubled with sour stomach for twenty years.
Tor baby" n - = -
kodol Digests What You Eat.
Bottles only. 81 90 Size holding az times the trtsI
size which sells for so cents.
Prsparsd by z. Q. oswITT 4 co.. CHICAGO
For sale by milford r. Burt.
Middlebury register. (Middlebury, Vt.) 1886-1937, 1904-03-11
THE LAW LAID DOWN.

The punishment of merely lawless
acts of individuals in preventing colored
persons from voting at purely state
elections is held, in Karen VS.. United
States &C. c. A., 9th c., 81 l.. r. A. 437
not to be within the power of congress.
An appropriation to cover the ex-
penses incurred and paid by municipal
officer in the discharge OF his duty is
held, in state ex rel Grow VS.. St. Louis
(Mo), 81 l.. R. A. 593, not to be within
a constitutional prohibition of the
granting of public money to an individ-
ual.
A devise to one absolutely and forever
Is held, in Roth vs. Rauschenbusch
(Mo), 81 l.. r. A. 455, to convey fee
simple which cannot be cut down by a
subsequent clause directing the dispo-
sition of any remainder which may be
undisposed of at the death of the de-
visee.
The mere fact that an applicant for
insurance is receiving a pension from
the government for alleged physical in
juries is held, in Black VS.. Travellers
lhoui duCc COupduy ". ". "a. on ~, VI
l.. R. A. 500, not to show that he has a
bodily infirmity within the meaning Of
a warrant in the policy.
The cutting of a train of cars on a
side track, leaving some on one side and
some on the other Of highway, where
the view of the other tracks is partially
obscured thereby, is held in Passman VS..
West Jersey & S. R. Co. IN. J. Err &
App, 81 L. R. A. 609, not to be an invi-
tation to the public to cross without us
ing ordinary precaution to ascertain if
such crossing can be safely made.
A railroad company which permits a
car to break loose from train ON a
grade and run down into collision with
another car at the foot of the decline in
such way as to be hurled off of the
right Of way, to the injury of a by
stander, Is held, in West Virginia, c. G
P. r. Co., VS.. state use Of Fuller (Md.)
81 L. r. A. 574, to be liable for the in
jury thereby caused to him, unless 1t Is
shown that the accident was unavoid-
able.