davidaulloa/AmericanStories huggingface dataset:
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-12-22

CQc pldluIlu ana an answer Dy a Qc-
PENDANT. and that in determining the
rights of co-defendants between them
selves an answer is the only pleading
permissible and that it's allegations.
are deemed denied by statute, when
it states cause of action against q
co-defendant, the same as if it relates
new matter against a plaintiff. For
respondent q different view is taken
and it Is claimed that under Rose ".
Treadway, New, 400, and other
cases cited, that ordinarily the de-
PENDANTS in an action are not as De-
tween themselves adversary parties,
that they become such only when one
files a pleading in the nature Of q
cross-cOmplaint seeking affirmative
relief against another, that when this
is done they lose their identity SIS
defendants and for the purposes Of
the cross-complaint assume the re
la :.t fcf PlainfiFA sapY dsfendaat,
complaint Is filed Is Of necessity: an
I titled to all the rights g an a6Fer
sary including that Of 6efpg Sse1vs ed
with, and of having an Opportunity Il
pleading to the cross-complaint, and
that the statutes having failed 70
designate the methods OF pleading be
tween co-defendants equity practfHe
must be followed. II 1t Be conceded
for the argument that the statute Z,
\ claimed for appellant, denies any nev
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-12-22
Ho. For the West.

Tell your friends that the colsnist
rates are going into effect March 1st.
1905 and expire May Is. 1905, The
rate from ,Ghicase, III. ,sl 90, st. Ls.ts
No. New Orleans. Ia, $50 %. Scum
eli Bluffs Ia. Sioux City. L.. Omahs.
Neb., Kansas City. Me-. Mileola,G Tex
~ and Houston Texas, $2S.ee. Rates
apply to Main Line points il 0aailer.
MIA and Nevada.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-12-22
THE STATE. OF !. NEVADA SENDS
GREETING TO
JOSEPH w. BULKLEY
defendant


You are hereby, required to appear
in an action brought against you by
the above named Plaintiff, in the Di;
trict Court Of the hrst judicial Dis
trict of the State of Nevada, Ormsby |
County, and answer complaint filed I
therein within ten days Exclusive of |
the day Of service) after the service
on you of this Summons is served III
said county, or II served out of said
County, but within the District, twen-
ty days, in all other cases forty days.
or judgment by default will be taken
against you according to the prayer
of said complaint
The said action is brought to obtain
the judgment and decree ct this court
that the bonds CT matrinony hereio-i
fore and now existing and uniting yo1
and said plaintiff to be forever annn-
led and dissolved upon the ground that
at divers times and PAGES since sali
marriage you have committed aduitfy
with one Kate Cottrell, and particular
" that from about the 9th day of Ju ne
1900 to and including, the 18th day
o. June, 1900, at the Charing Cross
Hotel in the city. of London, Eng
land, you lived and conabited with
said Kate Cottrell. 4
All Of which more fully appears
by complaint rs fled herein to which
Sou are hereby .referred.e
! And you are hereby notified that u
you fail to answer the Complaint, 'Ihe
said Plaintiff will apply to the Ceurt
for the relief herein demanded.
GIVEN under my hxnd and Seal oftth,
+ Dtstsfct Court Of the First JudiGia
District Of the s,uass 81 Neva1;
Ormsby County, this Cd day Of Decem
Der, IN the year OF our Lord ON
thousand nine hundred and FIVE
H. ,. VAN HrrDN, ClsrE
(SBAL).
Geo. W. Keith.
II Attsrney for Plainti1.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-12-22

Carson City, Nevada, July IL, 1905
To the School Officers of Nevada:
Following is a statement of the sec.
ond semi-annual apportionmen t Of
School Moneys for 1905, on the basis
of $6.990202 per census child:
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-12-22
IN-THE DISTRICT COURT OF THE
FIRST JUDICIAL DISTRICT OF
THE sTATE.oF NEVADA,
In and for, the County of 0rmsby.

Action brought in the District Cou,t
of the First Judicial District ef the
State of Nevada, Ormsby County, AMI
the complaint filed in the said county,
! in the Office of the Clerk of said Dis
{ trict Court on the ID day Of December,
A. D. 1906 RJ
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-12-22
SCHOOL APPoRTlONMENr.
STATE OF NEVADA,

Department Of Education,
Office Of superintendent Of Public In.
struction,.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-12-22
WILLARD cAT1.JN,
Harliug,
Freigb,ins
Drayina
Har:liug,

Trunks and Baggage
taken to and delivered a.
all trains.a es.sa
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-12-22

| liant halding that by going to trial on
new matter alleged in the answer with
out reply thereto, a reply Is waivec
even in states where the statute pro-
vides for one If this be the rule Or
dinarily in actions between
plaintiff and defendant or where
by cross complaint new mat
j ter is alleged against code
PENDANT, and the latter appears
and introduces evidence in regard to It
the rule ought not to apply to cases
; like the present one where the 90
defendant is in court for other pur-
poses and the answer is in reply to
the complaint and does not state the
new facts as a crOss-complaint or
cause of action against the co-defend.
ant, is not served or replied to by him
) and he introduces no evidence con
/ corning it, and other parties paftfcf
) pate in the trial. There being no ser
) vice upon Gulling. no demurrer. ans
5 wer, reply or testimony by him in re
{ lation thereto, the allegations in thu
: answer of Washoe County Bank stal
!. ing the facts in relation to the salt
+ trolled the court and which are. .di
: rected~ against the complaint and mo-
lag4lnet Gulling,, are too slender
I thread to sustain the Judgment agains
4 him. AS respondent contends. b
D could be in court for some purpos
= and not for others. He could b.
9 bound as far NJ process or proper q
d llegatins and demands had been serv
4 ed upon him to the extent that he h
Y waived time Or made other issues Atn
The Saint Paul globe., 1905-01-08

SPOILED MAY IRwIn's DRESS

Alfred Henry Lewis in his stageland
stories in the Saturday Evening Post
is responsible for the following inter
resting tale on May Irwin.
Miss Irwin is a round personage of
middle years and more than middle
weight; to look at her would not make
one think on willows or slirnly bend
ing pines She is, withal, of frugal
genius, and economical to a degree
: that would evoke plaudits from Hetty
Green or Russell Sage. She told me
this herself.
TT was when she came from her
dressing room ready to go on for the
second act. I chanced to be on the
stage. Miss Irwin was gorgeous in
red dress-arterial red. She swung
around, with the remark:
Do you see this dress? Cost $50
and | hate parting with money. The
first night / had it on Jim Ford spoil
ed it,
-'Thereat I expressed surprise and
sympathy.
TT was like this,' she observed. Z
donned the dress, red being my weak
ness; l thought I'd never looked SO
we'll. OF course, I'm fat; but still I
felt that for once 1 was beautiful. Jim
Ford was back of the scenes; / con-
fded to him that I expected to make
the hit of my life. 1 pirouetted,. even
If I am the size of a load of hay. !.
= Don't 1 look like a peaeh?' asked.
No" said Ford; you don.t-you
look like tomato.
That's what he said-a tomato;
and it simply ruined the dress. I've
hated it ever since; but, of course, it
cost S1S0-which sum doesn't grow
on every husband I'll wear it out if
its kills me-"
The Saint Paul globe., 1905-01-08
Moonday Concerts Given by Factory Hands

they are feeling happy and in a peace
full frame of mind, while, as one Of the
members Of the company expressed it.,
when they did not have these con-
certs socialistic labor leader would
come in and deliver speech at noon
after which the men would think that
we were their enemies, and would do
everything but what we wanted them
to do for days to come. Maybe they
would pay too much attention to the
nearby saloons, too, and We won't have
any drinking men,
George Brogius, head of the erecting
department, and Charles Schubert,
nachinist. arranged the first pro-
gramme, which was given when the
weather became SO sharp that the
men could no longer take their lunch
cons out OF doors. Cornet solos, a
few coon songs and dances and some
orchestral music by a quintet of ma
chinists comprised the first days pro-
gramme, and the men are busily prac-
ticing every noon for the next show.
which, they say, will be the best yet
given in the shop.
The Vi1ter company is builder Of
ice machines and power transmitting
machinery, and the most of its men
are skilled machinists and of fine intel
ligence. Some are cornetists, several
are gifted with talent on the violin,
and the voices of some of the men
would earn them a place on the con-
cert stage. When the weather grew
cool one of the boys, to the accom-
panirnent of a whistle, stepped out a
lively Jig on the shop floor, and that
was the beginning of the shop con-
The Saint Paul globe., 1905-01-08

nn MILWAUKEE,, Wis, JAMS Act
MH ing on the theory that an ounce
of prevention is worth a pound
Of cure, the employees of the Vilter
Manufacturing company have under
taken to prescribe for a possible In
dustrial outbreak in their shop by
keeping happy. As a means to keep
ing happy they have begun giving a
series of winter MONDAY concerts and
vaudeville shows, with shop employees
as audiences and performers.
The theory is that the contented
man is immune to the walking dele
gate, and with a vaudeville show at
noon the men have little wish to hold
confabs with the socialistic agitator
who would force strikes upon the men.
At least, If the men did not devise their
shows with this chief object, the en-
ployers are encouraging them in their
frelics, with the certainty that the re-
suit will be satisfactory to the COM
pany's interests.
It is an odd scene when the men
group themselves about the shop floor
at noon, while some of their number
step out On the floor and give dances
or songs or female representations.
After the whistle has blown and the
men have returned to their machines
The Saint Paul globe., 1905-01-08

certS which are attracting consider
able attention in Milwaukee.
George Schubert is the star dancer
Of the shop, and also acts as announcer
and stage manager. There iss not
much stage to manage, for the artists
in the Shop Concert company, as they
call it now, are perfectly willing TO do
their turns without the installation Of
footlights. drop curtains and other ac-
cessories Instead when it is time for
the show to begin, the men drag from
behind some Of the mammoth castings
with which the shop floor is covered
some pieces OF plank, which, when
placed across a couple of benches;
provide rest for the music Of the orr
chestra. Then the announcer steps to
the front and the show is under way.
The office employees in this impromptu
theater take the gallery seats, while
the men of the oyeralls, plant them
selves on convenient blocks of metal
not yet trimmed down into engine
cylinders and drive wheels. If the au
dience does not approve of a per-
formers exhibition, he is promptly
told, joyially, to get off the stage and
let the next good man appear. And
by the same token the man whose
song or dance is approved soon real
ICES that an encore is demanded, for
sudden rush Of his comrades in foot
balI-like formation, brings him back
to the stage to repeat his turn. Then
at 1 o'clock the whistle sounds, and
the men go back to their work, light
hearted. The contented man will
never strike, says the shop foreman.
and that is probably one explanation
of the willingness of the employers to
help in the arrangement of these In
formal programmes.
The Saint Paul globe., 1905-01-08

down upon the lovers, from which sparks,
cinders, and Kissing brands were raining
upon them.
Noble Moonbeam! Another horse would
have become mad Alice bent forward and
slapped the flying horse with the palm of
her hand Save us, Moonbeam, and you
shall eat sugar forever"
'.Spiaron,s clothing was on fire, and the
girl seemed to be shaking flames and a
shower of sparks from her long hair when
they gained the high bluff overlooking the
river, and the crowd on the opposite
shore shouted until the echo rose above
the roar of wind and raging waters.
Again we are lost said Spidron, look
ing at the river in front and the flames
on every side.
Only those who hesitate are lost ex-
claimed the heroic girl.
Men threw up their hands in warning
and stopped breathing, while women
closed their eyes~sor turned away. The
bluff is forty feet above water sixty feet
deep.
Moonbeam never halted.
From the edge of the precipice he shot
forward through the air, striking the
flood of water with his nose between his
fore feet.
They are gone-farewell, brave girl:
goodby gentle Spidron," groaned the only
man who could master his emotions
People ceased to breathe.
Ages seemed to pass
Look, loek!" cried boy, pointing his
The Saint Paul globe., 1905-01-08
EDWIN BOOTHS ADVICE

Stage-snlitten youths and maidens
will do well to read this letter from
Edwin Booth to young friend before
taking the fatal plunge. 1t is dated 6S
Madison avenue. New York, Feb. IL,
1880, and has only recently been print
ed, for the first time, in the Boston
Transcript. The tragedian said:
"a little bird whispered to me that
you contemplate serious designs
against my disreputable profession.
and as its champion I protest-most
vehemently, like a Dutch uncle
against any such proceedingi In q
word 1 understand Cts none o. your
business how or from whom I derive
my information) that you have a
strong histrionic fever, and that every
pulsation of your theatric blood is a.
tragic throb, and I, as your friend and
well-wisher, feel it to be my duty to
squelch you with a wet blanket, to
quench fe possible your dramatic ar.
dor with my sincere advice.
"To enter into DEATHS and give you
all the why's and 'wherefores' would
be tedious and of little value, for every
enthusiast has an offset for every ad-
verse argument. But let me hope that
you will be guided by the simple don't
do it of one whose experience of the
atrical drudgery dates from early boy
hood and take in good part his opinion
that you are not naturally adapted to
the actors art, and it's too late to be-
gin with any likelihood of success.
eTo be mere 'Dootjack among the
riffraff of bummers that make up the
rank and file of the corps dramatique'
is a dogs life. DON'T Do IT! in cap
itals and the largest type. Love 1t as
you will-at a distance, across the
fiery boundary of footiights-no near
er, and it may always be a source
of. enjoyment for YOU, but as a disap-4
pointed, crushed tragedian' you would
curse it as the cause of your unfap--
piness.
.sThe theater is overfull of disap-
pointed heroes whose lives in almost
any other pursuit would have achieved
some share of satisfaction which the
subordinate actor never knows. Now,
The Saint Paul globe., 1905-01-08

hand at an object zee feet below the
bluff.
Then there was a shout OF joy; men and
women threw themselves into each others
arms weeping. Moonbeam was swimming
straight to the shore and the lovers were
clinging TO his back.
Men waded into the water to grasp the
heroine and bear her to the land IN tri-
umph
Brave Moonbeam." said Alice when
she had recovered. 'you shall have sugar
and clover all the balance of your life."
Careless Lover Gets Life Sentence
"Fool that I am, said Spidron. sT
caused you to risk your life, and the boys
ought to throw me into the river
"Oh, no. said the joyful spokesman Of
the crowd. I'VE will allow your rescuer
to pass sentence on you for causing her
SO much trouble. What shall we do with
him?'' he added, turning TO the happy
girl
The applause nearly drowned the reply,
but Spidrons heart, throbbing fast
throbbed faster when he heard the words,
"I will take him..
The Saint Paul globe., 1905-01-08
THEATR.cAL NOTES

The reviva1s of Cricket on the
Hearth. "The Rivals" and LEND Me
Five Shillings" which Tim Murphy is
preparing. will be put ON the stage first
during Easter week.
Rose Coghlan began her tour last week
at Norfolk, Va. in a revival -Of .Diple-
macy" in which she played her old role
of Countess Zicka. Howard Kyle was her
principal support, appearing as Henri, the
role originally played in this country by
the late Charles CoghlaH
''Dayy Crockett is to be rewritten by
Augustus Thomas, and Lionel Barrymore
is to be starred in the production:
Eddie Foy, the comedian, is writing
book of short stories entitled .Recollec-
tions of Stage Clown" They embrace
experiences in Mr.. Foy's stage career OF
eighteen years.
The potency of Eleanor Robsen's re-
strated last week in St Louis, when that
actress resumed her american tour In
Merely Mary Ann Miss Robson had a
great week of it, her business being
greater than it was when she presented
the play there for the first time last
season.
Frederick Warde tells of a hustling
young solicitor for a New York publish
ing house, who was vainly trying to sell
The Saint Paul globe., 1905-01-08

in her new play. 1.Adrea,'' by David Be-
lasco and John Luther Long. is now def
nitely set Tor Wednesday, Jan. II, at the
Belaseo Advance reports state that Mrs
carter has scored as Adrea a success sur
passing that of ''Zaza' and .'Du Barry
a. 1act which. II true. is. the more notable
IN that "Adrea' shows her in new line
OF work The advance interest In Mrs.
Sarters first New York performance OF
ner latest role is unprecedented. Or
GERS are pouring in with every mall even
tnough the box office sale will not open
until next Wednesday morning at
O'Clock. -, go 2
Monday, night, Jan. 16, Mr.. George Ed
wardes, the London producer of musical
comedies. who is now in New York. will
produce for the first time in America at
Daly'S theater, New York, his latest mu-
steal success, 1.-THE Duchess of Dahtzic,p
which has been great success and enjoyed
a long run at Mr.. Edwarde's theater in
London. AS a compliment to M Edwardes
the leading theaters throughout the Unit
ed States will play selections from the
Duchess of Dantzicn on the same date
of the first production in New York.
Manager Scott, in connection with the
other managers throughout the state, has
arranged to do the same at the Metropeli-
tan opera houses in St. Paul and AinHer
apolis. The orchestra now has the music
in hand and will play that evening be-
tween the first and second acts OF the
play.
The Saint Paul globe., 1905-01-08

IA I Cascade, on the Colorado river, in
lM Western Texas, few days ago the
elements combined TO produce one
of the most appalling scenes ever wit
messed by a crowd of amazed and fright
ened people. A vast forest of cedar, COW
ering the mountain for miles, had taken
fire and hurricane was approaching from
the southwest.
A cedar Brake burns as If the trees
were saturated with oil. When the fire
spreads a little it soon grows beyond hu-
man control The people of Cascade saw
the skies clouded with smoke through
which they could see streaks of red, and,
realizing what had happened, they COL
1ected on the shore of the river to look on
in fear and amaZement 1t was known
that a party of wood choppers with fam
lilies and several hunters were encamped
in the mountains, and when the people
saw men, women, and children running
along the trails the excitement became
intense. Cedar fires move faster than q
man can run. and it was feared many
people would be caught in the flames and
burned alive.
Alice Myron, a young woman well
known to every one in the terror stricken
crowd, dashed to the river bank mounted
on a fine horse. HAS any one news of
the fire?" she asked. There was no reply.
The trembling girl looked towards the
ing her white face towards the fire struck
her horse with her whip and plunged into
the river.
To Rescue Crippled Sweetheart
THAT is dangerous said an old fisher
man. What does it mean?'
81 can tell you," was the reply of one
who seemed eager to talk. Her sweet
heart, keenan, Spidron, is lying in a hunt
er's camp over there, suffering with a
sprained ankle. But don't you fear; she
IS as brave as her old daddy and she is
riding Moonbeam, the fastest race horse
in all Texas
The powerfully muscled horse swan
high, and the venturesome girl, with her
feet drawn up IN the saddle, escaped get
ting wet. A wild cheer echoed through the
hills when Moonbeam clambered up on
the solid rocks on the opposite shore.
Riding as the crow flies straight up the
mountain side, the brave girl sought the
main road over which she knew those
Before she reached the vicinity Of the fire
hot winds burned her checks and she
heard cries of distress.
The crowd on the shore were witnessing
a scene that made strong men turn pale
and women fall in swoon from fright
Tongues of flame were licking the skies
and the wind had increased in violence
until it looked as if the elements were
convuIsed by a cyclone. There was a
great whirlwind of twisting, roaring
flames; with which were mixed dust, logs,
and trees that had been torn up by the
roots.
On the road Alice Ny-ron met men
women and children running for theil
lives. They were senseless in their fright
The wall OF Gre was not far behind
Meeting a hunter whose face she recog-
nized she inquired for the one for whom
she was risking her life. The terrorizee
man hardly looked up. shouting as>he rar
In choking voice, .If yen mean Spidron
he is crippled; he can't run; he is lost =
PIunges in While Others Fly
But she was familiar with the mountain
trails, and, knowing the hunters hao
camped at Panther Springs, she deter
The Saint Paul globe., 1905-01-08
W Smith e. Farwell Company %
wy Sixth SD ss's'" The Home Fmnishers Sixth GD
@@ @@ @ @ @ @ @ @@@@@

many's greatest actor, William Lyon
Phelps says in the BooklDvers' Magazine:
sPossarts ShyIock never rises to the
white hot intensity of Edwin Booth s,
whose terrible Come preparei'' still
rings in my ears; and it is an entirely
different Interpretation from that of IT.
wing, who tries to make us sympathize
with the Jew; but in finish and subtle
intelligence. in every technical detail as
well as in spiritual grasp, it is perhaps
the most satisfactory Shylock of our gen
grafton He makes US hate the character
as shakespeare made the Elizabethans
hate him; but, as in Mephisto, he is not
the embodiment of any one passion-he is
most complex and extraordinary man"
Without any more 'ipalaver'' and s'hul-
iabaloo than has characterized his sew
enty modest years as a player the vet
eran, j. Fl. Stoddart, is this year bidding
quiet farewell to the profession he has
SO long adorned, and in coming theatrical
seasons his name will live only as pleas
ant memory. In The Bonnie Briar Bush
he is now well started on tour that will
embrace all important towns on the Pa
cific coast and that will close with a
spring season in Canada, where the old
gentleman is rated as a bigger attraction
than Sir Henry Irving or Richard Mans
field ever dreamed of being In any part Of
the States.
Mrs. Leslie Carter's New York opening
The Saint Paul globe., 1905-01-08

has been engaged for the title role. The
initial performance Is scheduled for one
Of the New England towns about the mid
die Of February.
Eddie Foy has resigned from "Pin Paf
Pouf. and his part will be played by
Fred Mace. The latter has faculty for
jumping into other players shoes and
making good on short notice. During Foy's
recent illness he is credited with dupli-
eating that comedians success in the
Whitney company. Foy. it is understood,
returns to the Shubert fold to play the
principal comedy part in the new musical
piece, The Earl and the Girl" which is
to be put on at the Casino in the spring
for the summer run there.
M. Carre the director of the opera
comique. has been authorized by the mu-
nicipality OF Paris to erect "a new popular
theater for comic opera on a city plot,
near Temple market.
He is to spend 100000 on the construc-
tion, and this amount is to be refunded
to him by the municipality at the rate
Of $4,000 year.
Among the conditions exacted by the
municipal authorities is one providing that
seats in the new theater shall be sold for
no more than 10. 20 30 and 40 cents re-
spectiveiy.
In an article upon Ernest Possart, Ger
The Saint Paul globe., 1905-01-08

my boy, divert your mind at once into
a different channel, and regard the
theater merely as an occasional relax
alton from practical business strain.
and one Of these days wou will thank
me for my interference"