davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-04-09
WHAT
is NOT
LIBEL
Court Holds Good Hum
Ored Criticism
Cannot Be Made Basis of a
Damage Suit Against a
Newspaper
New York Specially


The appellate division of the su.
preme court has handed down decis.
ion which sustains a demurrer en-.
tered by the New York Sun Printing
and Publishing association to a suit
instituted against it by Prof. Oscar
Lowell Triggs, of the university of
Chicago, for alleged damages sus.
tained on account of editorial com
ments in the Sun upon Prof Trigg's 5
poetry. In the demurrer it was con-
tended that the comments Prof Triggs
complained of we're not libelous. This
demurrer, after being overruled in
Special Term, is sustained by the ap-
pellate division.
In its opinion, which is written by
Justice Ingraham, the court points out
that there is a wide difference be.
tween libel and good-humored criti.
cism. The opinion says:
The plaintiff objects to the article
published as tending to expose him
to ridicule and contempt, and to i'm.
pair his usefulness as teacher in
the university in which he is an in.
structor. There is nothing in these
articles which can possibly be con.
strued as charging the plaintiff with a
crime, or disgraceful conduct, or any
act which would subject him to the
contempt of the community. The ar.
ticles are written and plainly inten led
to be understood as humorous and not
serious. They are filled with exagger.
ations as to what the author considers
to be the result of the application OF
the ideas of the plaintiff to certain
poems specified. But that the spirit
of exaggeration and fun pervadine
these articles was not intended Sc
riously, nor to- be taken as seriously
charging the plaintiff with any mis-
conduct or lack of professional abil
ity, is quite clear; and however much
fun is made of the teachings of the
plaintiff and their effects as under
stood by the writer of the articles
there is nothing in any of them that
can be taken as a serious charge
against the plaintiff, or as subjecting
him to contempt
We are not unmindful of the def
nitions of what constitutes a libel per
Sc, and that in general terms it is
the rule that every publication which
charges or imputes to any person that
which renders him infamous, odious
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-04-09
PoRTLANp MARkET.

PORTLAND MARKET.
Wheat-Walla Walla, 74c.
Valley-S0c.
Flour--Portland, best grade. Ss.9O0
S4.O5; graham, $S.5O@sS.9O.
Oats-Choice White. S1.15Qs1.17.
Barley-Feed, S2S per ton; rolled,
s240S25.
Millstuff-Bran, $19Q$20.
Hay-Timothy. S15@$16.
otatoes--Common 70490c.
Eggs-oregon ranch, 17h@1Sc.
PouItry-Chlckens. mixed, 12h ola
per pound; turkeys. 15Q16c.
Pork--Dressed, 7h@8c.
sBeef-Dressed, 5@7hc.
Veal,707lkc.
Hops-24Q26c.
Wool - Valley. 16017e; Eastern
Oregon. 12015c; Mohair, s0@S1c.
Hides--dry. 10 pounds and upwards,
15@15hc.
Butter-Fancy creamery, 25c; dairy
and store. nominal
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-04-09
Farm for sale.

ia acres in Marion county, half q
mile from Mil CiY. s5 acres i'm
proved, 65 acres good timber. n TO !
mile from a 100000 sawmill. Land
good. rich, black soil; Groom house;
lumber barn; with outbuildings; 10
acres good fruit. mostly winter sp'
pies. trees average z years old; good
spring water at door; two creeks run
through place; good neighborhood; "
mile to school. church and railroad
Fine beaver dam meadow land, easily
cleared. II sold at once win take
5000. Title clear. Terms. two-thirds
down. and from 2 TO 8 yearS on bal
ance with z per cent interest; imme-
dlate possession. Call on or address
j. Il. Ray. owner Of the farm, Mili
City. Oregon. SSsm
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-04-09

abe will never look beautiful The feelings
OF nervousness, the befogged mind, the
ill-temper, the pale aud wrinkled face, all
result from those disorders peculiar to
women, and the only way TO effect their cure
IS to strike at the source of the difficulty.
There is every reason why she should write
some great specialist, one who has made the
diseases of women a specially for a third of
q century like DR.. r. V. Pierce, founder Of
the Invalids' Hotel and Surgical Institute,
of Buffalo, N. " All correspondence Is
held sacredly confidential, and he gives his
advice free and without charge.
During long period of practice, Doctor
Pierce found that prescription made up
entirely of roots aud herbs, without the
use of alcohol, cured ninety-eight per cent.
OF such cases. After using this remedy for
many years in his private practice he put
II up in form that can be had at any store
where medicines are handled
In many cases Dr. R.V. Pierce's Favonte
Prescription will fit the needs and put the
body in healthy condition.
So sure of It is Dr. Pierce, he offers a
reward Of $500 for women who cannot be
cured of Leucorrhea, Female Weakness,
asks is fair and reasonable trial of his
means of cure.
Don't allow the dealer to insult your
Intelligence by offering you cheap sub
stitute.
Send 81 one-cent stamps TO pay expense
of mailing and get DR.. Pierces Medical
Adviser in paper covers, free. Address
DIR. r. V. Pierce, Buffalo, N. Y.
DR.. Pierce's Pleasant Pellets are the posi
desirable laxative for delicate women.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-04-09

Witnlu, says III.
r. v. Pierce, of
Buffalo, N. Y, the
specialist in
womeu's diseases.
Further, to be hap
py and beautiful
one must naturally
have good health,
Now, if a woman
has dragging down
feelings, together
with constantly re-
turning pains and
aches, a too great
drain upon her vi
talitv and strength
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-04-09


Wanted.-Energetic, trustworthy man
or woman to work in Oregon, rep
resenting large manufacturing com
pany. Salary $40 to $50 per month,
paid weekly. Expenses advanced.
Address with stamp. ]. H. Moore,
Salem, Ore Asst"
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-04-09
Sure Cure for piles.

Itching Piles produce moisture and
cause itching, this form, as we'll as
Bling, Bleeding or Protruding Piles
are cured by DR.. Bo-san-ko's Pile
Remedy. Stops itching and bleeding.
Abs0rbs tumors. SOC jar at drug
gists, or sent by mail. Treaties free.
Write me about your case. DR.. Bo-
sanko. Phila., Pa.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-04-09

Wanted.-To buy house and small
tract of land, partly improved. State
all particulars about place, and ad-
dress "F. j." care of Journal office.
4-7-Sts
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-04-09

Wanted. Men.-Section men, work
steady; employment $3.50 per day.
Also farm hands, 81 per day. with
board. Inquire at Employment Blu
reau. $50 State street. 4-3te
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-04-09
Hop Market

Hop Market
Hops-1s@25c.
Potatoes, Vegetables, Eto.
Potatoes-45c.
Onions--2hc.
Dried Fruits.
Peaches-10c.
Aprlcots--10c,
Apples-10c.
Petite prunes-4c.
Italian prunes-6c.
Wood, Pence Poets, 9Ae.
Second growth-$5.50.
APh--t3.00 to Ss.76.
Grub oak-S650.
Cedar posts-12kc.
fIlues, PeIts ard RHrA
Green Hides, No. 1-Sc.
Green Hioes, No. 2-4c.
Calf Skins-4@5c.
eheep--76c.
Goat SkinB-1ko 70 s1.0e
Grain and FtouH
Wheat, Salem FIGURING Mills, OF
port value, 72c.
Oats-S1.10 per cwt.
Barley-$2O per ton.
Flour--Wholesale, S.75.
Live Stock MarlsA
Steers-3A @3hc.
Cows--3c.
Sheep-3c.
Dressed veal--7c.
Dressed hogs-6hc.
Live hogs-5Ac.
Mutton-2hc per pound.
Hay, Fosd, EtA
Baled cheat-S10.
Baled clover-$10.
Bran--S21.
Shorts-S22.
Creamery ana Daily Proauoeo.
Good dairy butter-20@2bc.
Creamery butter-27hc.
Cream-sepGrafor Skinned. a
Com. Creamery, 27hc, net.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-04-09

Or. I. w. starr--ofice in Bush q BrsN
building. ever Oregon Shoe Store
ONCE hours. to 10 a. m. and , %
5 p. m. Calls attended in city a.
country. Residence phone 3aEu
Red. 1.S-te
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-04-09
CUPID'S MIRROR.

w.The beauty Of woman's face or figure
y but the external sign Of the good health
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-04-09

Or. w. 8. Mott--Wln hereafter ka
found in the Brey block, 276M Com
mercial street, over Oregon 0hoa
Co. once telephone, 1881; reed.
dence phone, 2751. once houru
TO ~. ana 2 to 8.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-04-09
sMARKET QUOTA
TONS TODAY
snake Salem GOOD Home Market"

Capital City Mills Quotations.
Bryant a PenneII, Props.
Wheat-T7c.
Buckwheat-s0a
3 PouItry--at stelner's Market.
Chickens-10@11c.
Eggs-Per dozen, lac.
Turkeys-12@14c.
Ducks--10c.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-04-09

Wanted.-A good girl for general
housework. Apply at Journal office.
4-2-st
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-04-09
CLEANING AND PRESSING.

Unique Cleaning ROoms--A. H. VIII
liams, successor to Shaw & John
son, the cleaners, is now located at
zoe Commercial street. He does q
general pressing and repairing bust
ness. specialties; Skirts. silk
waists, Kid gloves, gents clothing.
etc. Phone 2614, 4-1-tt
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-04-09

say--Have you tried Edwards & Lusch'
ePs for meats. We have the best
sausage in town. Come and try IL.
and be convinced. 40 East State
street
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-04-09

Or. z. N. Parvln--At 297 Commercial
street. upstairs. Singing school
Rudimental and sight reading class
o.. Begins Wednesday evening. oc.
tobar 14th. Class every wednes-
day evening to May iat noxt TUT
ton, ei0o.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-04-09

Salem Truck and pray Coolest
and best equipped company IN sa'
lem. Piano ard furniture moving
q speciality once phone. sei. w.
w. Brown a Son, proprietor. once
No. 80 State street. 0-1-im
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-04-09

Hop-plckers.-Join Hop-pickers' Asso-
citation. Annual dues. 25 cents a
year in advance. Subscription TO
Hop-pIcker included TO members.
oregon Hop-plcker. Room z, Ham.
ilton building. Portland. oregon.
3-12-1m
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-04-09
Asst. Marie Allen, D. o.
of Chicago.

The famous DR.. Lorenz's sys-
tenn followed. ALI ailments pc
culiar to women, acute or
chronic, successfully treated,
no matter of how long stand
ing.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-04
SUIT OVER FARM.
Plaintiff is Granted Judgement for
Sum of S255.75.

In the cast Of Stout versus Tillinghast
which was on trial in the district court
the jury handed in a sealed verdict which
was opened yesterday morning. The
iurys verdict was for the plaintiff allow
ing him judgment for s255.75.
The case was brought by Stout TO re-
cover SAP. which he claimed was due him
from the defendant
It seems that Tnlinghast purchased a
farm from Mrs. Stout which had been
rented by her son. J. H. Stout. and that
Stout claims when he vacated that he
left certain buildings and improvements
on the place for which Tillinghast prom
ised to pay. lie also had a bill against
Tnlinghast for some blowing which had
been done.
The defendant filed cross bin in
which he claimed damages to an alfalfa
field. and an orchard, from Stout. He
also said that the blowing was not done
as it should have been.
The case was tried once before in
the city court and a vrdict was brought
in favor of The plaintiff
Comfy and Comfy were attorneys for the
plaintiff
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-04
SUIT FOR 81. 500.
Trial Involves Merchandise Stock
Worth $500.

In the district court the case Of Stewart
". Allender is now on trial and il IS d
suit that is being hotly contested.
The case was brought by Stewart to
recover S2.6o0 which ne claims is due
him from replevin on stock Of gen
eral merchandise.
The plaintiff claims that in March lss',
he sold his stock of groceries and gen
erai merchandise 10 the defendant FOR
$500. of which 81 20 was paid down and
the balance was "a be paid on monthly
instailments of 500 per month. The plain
tiff further claims that owing 70 the fact
that the defendants were letting the stock
run down and were not making the pay
ments. he foreciosed the mortgage and
that when the stock was sold II paid him
something over $500; and he is now seek
ing to recover the balance due.
lie defendants filed a cross petition.
in witch they claim that the goods were
not IS represented TO them and that the
stock was not al any time worth what
the rlaintfG claims or what he repre-
sented
Comfy < Comfy and Dedrick & Dedrick
are attorneys for the defense; Adams *
Adams for the plaintiff.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-04
SUIT FILED AGAINST
CENTRAL LABOR union
S. NJ. Stevens Holds First
Number Drawn.
FOR HOUSE AND LOT
Ticket 1855 Taken fro m
Box Last Night.

S. NJ. Stevens, by his attorneys, l. P
Campbell & Son. filed suit in the city
court yesterday afternoon at o'clock
against the Central Labor Union for the
sum of 100. for which amount he claims
they are Indebted to him as a result Of
the recent drawing at the auditorium
The petition, which is very short, reads
as follows:
S. NJ. Stevens versus J. W. Brown and
j. p. Christensen, president and vice pres
ident of the c. /. L; also the committee,
composed of W. l.. English, William Nc
Laughlin. F. S. Sprague. r Owens and
r Hathaway.
The plaintiff alleges that the defendant
Central Labor Union its officers and com
mittee. are indebted to him in the sum Of
500, for money in their hands which they
promised and agreed to pay to the plain
tiff, but on demand they have failed,
neglected and refused to pay the same.
The plaintiff. therefore. asks for judg
ment for $500 and the costs of the action.
The Fourth National bank were en-
Joined from paying To the union any
money they may have in their possession
which belong TO the defendant
1t is rumored that the money which the
Central Labor Union had on deposit in
the bank was Withdrawn one afternoon
this week
Mr.. Stevens holds in his possession num-
Der 1881. which he claims is entitled TO
the $1,000 or the home. as offered by
the union recently. The union declares
that the number was fraudulently drawn
and that its holder is in no way entitled
10 either the money or the house.
1t is said that the suit was brought in
the city court for the purpose Of secur-
ing a more speedy trial Under rules
governing that~court no action involving
more than $500 can be heard. so that Mr..
Stevens could not sue for the full amount,
$1,000.
The second drawing was held last
night. Immediately after the perform
ance Of the Holden Stock company; was
conducted under the management OF John
Preston, leading man, and passed off in
a very quiet manner without any COM
ments from the audience.
Just before the last act Mr.. Preston ap-
peared on the stage and announced that
the drawing would be held. Immediar~-
II after the performance a member of
the Central Labor union appeared on the
stage from the audience with a grip
containing the numbers. \ committee Of
four, composed of W L. English, Richard
Hathaway and two others then appeared
and the valise was unlocked. The num-
hers were empded into a hat box and
thoroughly shaken.
Four others were then called from the
audience to act as judges and the assist
snce of two small boys was procured.
one of the latter held the box above his
head while the other, who had been
blndfolded. reached in and drew out a
number The judges took away the band
age and the boy read ''23, 49, as being
the lucky number.
\ hasty search through his pockets by
every spectator present found that the
duplicate was not in the building and
those in attendance departed for their
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-04
COST is SHOWN.
j. c. RedfieId Complies Figures of City
Court Expense.

J. G. Redfeld of the board of county
commissioners, has compiled the following
interesting report in regard to tEe city
court of Wichita:
so many persons have asked me What
is the cost to the county of maintaining
the city court said Mr.. Redheld. that
l have prepared the following statistics
for the three years that ! have been in
Office
The City Court of Wichita" was Gre
ated and established March -. 1899 The
law provides that the court shall have
one judge. a clerk marshal and deputy
marshal; fixes the salary of each Of the
officers, provides that such salaries shall
be paid by Sedgwick county, and that
all fees collected in said court shall be
paid by the clerk to the county treasurer
1t is further provided that the county
commissioners shall provide suitable
rooms, heat and lights.
The annual cost to the county OF main
tanning this court. exclusive Of books
blanks. staitnery and incidental expenses,
is as follows:
Salary of judge. Sl50o0; clerk, $500; mar
shall. 5000: deputy marshal $500. Expenses
of deputy marshal average $240; janitor
s42o. making a total cost OF 1920. and
for three years last past. S127S0.
The fees and fines collected and paid
into the treasury for three years. We're:
for 1901, sl9G9.51; 1902. $1.57645: 1903. $l.S7o.
36. making n total OF S5.4l6.32.
Al fines collected and paid over TO the
treasurer belong to the general school
fund and amounted to about 500 for the
three years named. leaving a balance Of
s511622. 70 go to the credit Of the general
county fund from which the salaries are
paid.
This leaves shortage between the eX-
penditures and receipts Of S.Gf31N, or
an average annual shortage Of 2.-54-6.
The advantage accIUinG To the county
through the city court over that Of conn
X Of justices of the peace Tor wichita
city township, are the. fees that the coun-
~ would have To pay 70 the justices and
coustahles IN criminal cases.
In 1871 the number Of criminal cases
brought in the city court was l73 and
the Saving 10 the county on a careful *
animation Of each case amounted - ST.
Ol6.i 20. an average OF 1854 for each case.
Applying this average TO the succeeding
years. it shows for 1892 is cases. Sl-o-7-0
for la13; IL cases. $e9SDS; total for three
years. S.04l.6S
DeducJing this saving from the excess
Of expenditures over the receipt leaves
sl.622 Of actual cost 20 the county in ex-
cess Of The receipts and an average Of
81 540.61 per annum.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-04
DOLLEY FOR CHAIRMAN.
Many Requests are Received for Hotel
Accommodations.

At the present time j. y. Dolley. of
Wabaunsee county, seems TO be the most
talked of for chairman of the Republi-
can state committee When w. r.
Stubs said he would not have the job,
many Of his friends began to talk fer
Dolley. Mr.. Dolley is an experienced pol
itician, and it is said would know how to
run the office.
Clyde Miller, of Usage county, seems to
be the only man talked Of for secretary
Of the committee.
As the time Of the state convention
grows near at hand. there is a scramble
among the delegates 10 secure headquar-
tiers. At the Hotel Carey. yesterday. it
was said that every room in the house
was spoken for, and requests for rooms
were being turned down. The Hotel Man
haitian is also deluged with letters every
mail asking for quarters and the Ham
ilton is likewise.
The committee on hotels and sleeping
accommodations is hard at work securing
additional quarters for the many visitors
who will be here at that time. March 9.
1t is expected that there viii be no diff
fculty in furnishing accommodations for
all who attend.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-04
STORM ASSISTS IN
WORK OF ROBBERS
Store at 240 North Main Bur-
glarized
SOMETIME DURING NIGHT
Attempt Also Made to Enter
the Tornado.

Sometive during the terrific storm that
swept over Wichita Wednesday night
and lasted until late Thursday morning
burglars got in their work on one bust
ness house and an attempt was made TO
rob another Neither of the attempts
were learned until yesterday morning
when the employees opened the places
for business
At 2l0 North Main street occupied by
the Chicago Bargain store, thieves
gained entrance to the building through
the rear. A large quantity of cheap
jewelry, two boxes Of silk handkerchiefs.
and about three dollars in small\ change
was the amount of booty secured.
The thieves entered the building in a
thoroughly systematic manner with thu
least possible chance for making any
noise whatever which might have re-
suited in their detection.
. over the transom Of a rear door is a
screen also several iron bars. The bars
being about eight inches apart some
person, evidently a boy was lifted TO
the transOm by his comrades and as
sisted 10 enter the building. The wire
screen was cut. Once inside the burglar
unbolted the door and no doubt made en-
trance for the others.
The next place visited was the Tor
nado store at rs East Douglas avenue
There an attempt was made to enter
the building in the same manner. The
bars are built too closely together. how
ever. and the thieves could not get in.
a crowbar was pressed into service to
break or tear away the bars. but they
had been put there TO stay and could
not be broken.
To the rear of the place at $40 North
Main street the police discovered guam
tity of cigars and other stuff evidently
taken from the place of some tobaccOnist.
The stuff had been left as if the owners
were in a hurry and might have been
frightened away while leaving place with
their booty. All day yesterday the police
expected to hear a report that some other
place had been entered from which the
cigars found had been taken, but none
came.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-04
PANIC WAS AVERTED.
Janitor Thought the Boiler Was About
to Burst.

At meeting in St. Johns church yes
terday afternoon, Reverend Ritchey was
deep in an interesting discussion of the
life of John the Baptist, when an in
terruption occurred which, had the room
been full, would probably have caused
a small panic among The listeners.
While Mr.. Ritchey was speaking the
cOlored janitor opened the door of the
furnace room and stepped forth with his
startling interruption. ''Mistah Ritchey.
ahm very sorry to disturb dis meetin. bur
al think you all had bettah get out o.
de church. cause be boilah out in de
Ctbah room is goin TO bust
Mr.. Ritchey stepped out into the en-
eine room TO examine the cause OF the
janitors alarm, and in a few seconds he
returned and assured the startled con-
gregation that there was no danger what
ever. and the meeting was then con-
tinued
The boiler was leaking slightly. and
the janitor seeing the water running
across the floor decided that there was
serious trouble at hand.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-04

When you set a box Of Mi-o-na. de-
post fifty cents with Gehring x Iiigsin-
son as an evidence Of good faitH. They
will give YOU a signed receipt agreeing
TO refund the money IN accordance with
the coupon offer. il Mi-o-na fails 10 IN
crease weight and cure stomach troubles
All the risk is theirs. If Mona sue
ceeds. as they are reasonably sure II viii
or they could not afford 10 make an Of
fer like this. the cost is triding- Cut out
the coupon today and take advantage OF
this offer.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-04
WINFIELD GETS CONVENT.
Catholics Will Build Ore at That
Place

Bishop Hennessy held conference with
Father O'Ferril OF Winfield = few days
ago at the latteg's home and il was prac-
ticaIIy agreed upon Jo locate a convent
al that place The Commercial CLUB and
some cf the leading citizens Of Winfield
we're also conferred with concerning the
move
vent and are willing 20 subscribe a soodly
sun. toward securing Il. To complete and
furnish the convent il viii be rec, ssary
to have ss5.o0o The city Is Only asked
to contribute S.co. Owing 70 tha fact
that a Catholic hospital Is located in ;hag
place. II makes it 50 much more con-
yenient for the convent.