davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-10-10
LATE SUPREME
COURT DECISIONS.

Harriet L. Alsterbarg, appellant, VS..
H. Bennett, respondent. Appeal from
the district court of Grand Forks
county; c. J.. Fisk, judge. g. F. Wy.
Ivell for appellant. Charles F. Temple
ton for respondent. sE
| 1. Where, in contamination Of an
oral agreement to sell land, the vendor
executes and the vendee accepts a
deed, whereby the grantor impliedly
covenants against membranes, such
deed must be conclusively presumed
| to set forth the entire agreement Of
the grantor with respect to incum-
ORANGES and supersedes all oral agree
ments on that subject.
2. A deed purporting to convey an
estate in fee simple, wherein the
grantor docs grant, bargain, sell, re-
lease and quit-claim" all his estate, Is
not a mere quit4claim deed, but is a
deed whereby the grantor warrants
the title conveyed to the extent de-
fined in section 1889, Revised Codes
1899. -
Engerud, j.: The plaintiff sought
to recover from defendant $122.05, and
interest, ON a cause of action set
forth in the complaint as follows:
"That on or about the 7th day of
May. 1904, the defendant sold to the
plaintiff the northwest quarter of Sec
ton fourteen, in township one hundred
and fifty north, of range fifty-six west,
in Grand Forks county, North Dakota,
for the SUM of $4,000, free and clear
of all incumbrance except certain
mortgage Of $500 then a lien against
said property, which the plaintiff as
sumed, and has since paid, and at said
time the defendant made and executed
to this plaintiff a quitclaim deed of
said premises; that at said time and
as a part of the consideration for the
payment by the plaintiff to him of
said sum of $4,000, defendant agreed
to pay all taxes which were then a
lien upon said land; that said agree
ment was by mistake omitted from
said deed; that on said day taxes, duly
levied and assessed against said lands
for the year 1899, 1900, 1901 and 1903
were unpaid and constituted lien
upon said land; that said land was,
pursuant to the laws of this state
sold for the taxes of said years 1899
1900 and 1901; that in order to clear
the land Of said liens and protect her
interest therein, plaintiff was Obliged
to, and actually did on the 18th day OF
November, 1904, pay to the treasurer
Of said Grand Forks county the sum
of $99.64 to redeem the land from
such tax sales, and on the 31st day Oh
May, 1904, paid to said treasurer the
sum Of $22.41 in satisfaction Of said
tax of the year 1903; that such taxes
constituted valid and subsisting liens
against said premises for the amounts
| above stated on the dates referred to,
and that no part of said sums has be ~
paid by defendant although demard d.
ed as.'..s,
The answer was general denial.
On the trial before a jury the plain.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-10-10
PENSION DECISIONS.
BY the Assistant Secretary of the De
partment Of the Interior.

oy the Assistant Secretary Of the De-
partment Of the Interior.
Commissioner Of Pensions-Me dicaI
Referee.-The commissioner of pen
sions is not bound by the opinion Of
the medical referee or the boards of
examining surgeons. The final rating
OF claim is not the act of the medical
referee; it Is the act of the commits
sioner of pensions, who bases his find
ings upon all the evidence in the case.
using as means to that end all of the
various agencies placed at his dis
posal by law, potent among which are
the facts and opinions of the boards
OF examining surgeons and the iudgl
ment of the medical referee, after that
official has reviewed the medical evil
dence as required by law.
Evidence-Presumption Of Death
Line Of Duty.-t is shown by the
records Of the war department. and
evidence of comrades, relatives, and
neighbors, that the soldier participated
In the battle OF Guntown, Miss, June
10, 1854, was officially reported miss
ing in action" from that date. and has
not since been seen or heard from by
his family, former friends, or the COM
rades who have testified in his case
Held: The evidence is sufficient to
show soldiers death in line of duty.
on June 10, 1864, and his mother is
entitled to pension.
Disability.-When the evidence pre-
scented by a claimant is sufficient to
satisfy the mind of candid and i'm
partial person that pensionable dis
ability from some obscure cause ex-
lists, although no physical signs Of IT.
can be discovered by the examining
surgeon, pension should be allowed
at a rate proportionate to the degree
Of disability proved
insanity - Declaration Under the
act OF June "a, 1890, person non
compos mentis, without committee
Il .
or guardian. may file valid DECLARE.
ton for pension by a competent person
as next friend, but before payment 4
guardian or committee must be an
pointed, and when qualified to act the
pension should be paid to him in AZ.
cordance with the practice under the
general law. .
Fraud and Mistake -- Relmbur. :.
ment.-The allowance OF pension 10
claimant under the general law was
not the result Of fraud practiced by
such claimant upon the government
but as the result Of an error Of iude.
ment based on insufficient evidence
and failure to require more evidence
TOT which the pensioner was not
responsible, and the Withholding 81
his pension granted under the act 81
June 81. 1890, to reimburse the gov
eminent for the pension paid under
the general law was errpr
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-10-10

In Smiths magazine, a well known
writer pays the following tribute to
the enforcement of the pure food law
of North Dakota: The majority of the
states have pure food laws, but with
the exception of North Dakota have
been unable to learn of any rigorous
enforcement of such laws, other than
those protecting dairy products, which
have received a great deal of public
attention. The reports on adulteration
by the United States bureau of chem
istry, the North Dakota agricultural
college, the Massachusetts state board
of health-these and others which l
have, exhibit repeatedly the names of
well known manufacturers of foods,
yet these concerns continue to do the,
bulk of the trade, and 1 find no evil
denee that they are reforming. In an
index to Foods and Food Adulterants,
Part x, Preserved Meats" I find the
name OF a house that is to my mind
the best known in the business of meat
packing, with fifty-two entries; other
well known houses appear in this
index with from eighteen to twenty
four entries. Professor Ladd in his
analysis of meats in his last annual
report, found seven Illegal brands
emanating from this same largest
house, and twenty-seven legal brands.
But another house of high reputation
and large advertiser stands in the
report with eleven illegal brands and
only four legal brands. Evidently the
top houses in the food trade can go
right on making certain adulterated
goods and selling them to whomever
will buy. ..... ...s
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-10-10

This week marks the close of the
Lewis and Clark exposition at Port,
land. It is estimated the total at
tendance will be something like 1885,
900 people for the fair. Different from
many other similar expositions, it will
probably pay its bills and bonds.
Located so far from the center of
population, the success Of the fair has
been remarkable and is a tribute to
the good management and public
spirit of the Portland people.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-10-10

Investigator Hughes, who is in
charge of the legal phase of the insur.
ance investigation in New York city,
is wise in declining a nomination for
the mayoralty of New York. In his
present position, it would be distinctly
unwise for him to give political
flavor to his work by running as a
candidate for mayor. He can do the
people Of the United States more
good in the position he now holds.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-10-10

Mayor Joseph Roach of Minot who
was seriously injured in a runaway
several days ago is reported as i'm
proving. Fortunately, the internal in
juries were not as serious as at first
believed and the Minot mayor will
be spared to many years of additional
usefulness. 4. #
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-10-10

Eightythree gold medals, twenty sill
yer medals, nine bronze medals and
grand prize for general installation is
the record of the North Dakota ex-
hibit at Portland.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-10-10
Obi 8is,uarfk Tribnnt.
HY N. 4. JEWELL.
THE DAILY TRIBUNE.

LIZ A<AA1]A AN4DSANSsN -
Published every afternoon, except Sunday,
& Bismarck, North Dakota, is delivered by
carrier to all parts of the city at so cents per
month. or Sc per year. The daily sent to any
address in the United States or Canada, postage
prepaid, IS per year: $3.50 for six months;
31.25 for three months. II
THE WEEKLY TRIBUNE. Is i
Published every Friday; eight pages, con-
local and foreign-particular attention being
paid to state news. Sent to any address, post.
sge paid, for 81 for one year; SO cents for six
,xsanths; rs cents for three months.
The Bismarck Tribune is the oldest news.
saper in the state-Weekly established June II !,
1878; Daily established 1881. 1t has wide
circulation and is desirable advertising me-
&ium. Being published at the capital of the
-<ate it makes feature of state news, of a
semi-oficial character, and is therefore particu-
STly interesting to all who desire to keep the
san of state affairs-political, social and bust
cess. ,,ESr. ...3
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-10-10
Saw Own Pageant in DISGUISE.

49, S1WH rageaHI IN DISGUISE.
Charles vi of France once had a
novel experience as a spectator of
state procession in his own capital,
Tor we learn that +be himself went
70 see the procession in disguise,
mounted behind one Of his servitors,
his eagernes to enjoy his own specta-
Gle bringing upon his back many a
blow from the sergeants who cleared
the way for the pageant. The king
boosted OF having received those
blows asa good joke
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-10-10
Foes Of Jamaicans.

=. O.
a few years ago the people Of ia.
maica had two terrible foes snakes
and rats. To cope with them the
alien mongoose was introduced, with
the result that the snakes vanished.
the rats. however, took to the trees,
where they so reduced the number OF
eggs and birds that the cattle ticks
began to breathe more freely-so
freely indeed, they fell upon the mon
goose himself which is now threat
ened with extinction.
2sEss4
Ancient Work on Dentistry.
One ut the first printed books on
dentistry was published about the mid.
die Of the sixteenth century In Spain
and Ii especially interesting because
1t printed Illustrations Of probably al
the dental instruments then In use.
Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1905-03-22
BORN.

BLACK-At Little Deer Isle. March IA, to MIR
and Mrs Herbert W Black, a sou.
BoNsEY-At surry. March II, to Mr. and Mrs
Hollis Bonsey. son.
BRowN-At Deer Isle, March TO- to Mr. and
Mrs Burton b Brown. daughter.
DoRITY-At Bluehin. March 8, to Mr. and Mrs
John Dority, son. John Wesley
DYER-At Franklin, March 8. to MIR and Mrs
Clarence Dyer. son.
FIFIELD-At Sionineton, March q. to Mr. and
Mrs Charles Hatch Fifeld. 9 daughter.
GAsPER-At surry, March 10, TO Mr. and Mrs
Manuel Augustus Casper, 9 daughter.
GRAY-At surry, March IS, to Mr. and Mrs A
Gray. daughter.
GREENLAw-At Deer Isle. March II, to Mr.
and airs Edward T Greenlaw.a Ion.
JELLISON-At Franklin. March g, to Mr. and
Mrs Adelberf Jellison, a son.
LEwIS-At Castioe, March 4, to Mr. and Mrs
Charles Lewis. daughter.
PAGE-At Oriand, March 10, to Mr. and Mrs
Edgar Page. daughter.
PEMBERTON-At Surry. March II, to Mr. and
Mrs Frank w Pemberton, q daughter.
RICH-At fremont Feb 10, 10 Mr. and Mrs Roy
Ulmer Rich, daughter.
SHEPARD-At Little Deer Isle, March IS, to
NJ and Mrs Eldridge q shepard. daughter.
Nellie II
sTASLEY-At Brooksviiie. March 10, TO Mr.
and Mrs Daniel Stanley. daughter.
vlNCENT-At somerviiie, Mass, March 20, to
Mr. and Mrs Harry l. Vincent. a son.
WEBSTER-At Castine, Marc 10, to Mr. and
Mrs Webster, daughter.
Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1905-03-22
From the Law Court.

decision was handed down from the
law court which was held in Bangor week
before last, that will be OF interest in
Hancock county. 1t was the case of Al
hart e. Mace vs.. Eben M. Richardson and
trustees. The rescript was by Powers, ].
Following is the decision:
The defendant gave the claimant written as.
sigt ment Of wages to be earned by him under
an existing contract with the trustee, the con.
alteration stated being "money, supplies and
merchandise to me already paid and furnished
and TO be hereafter TO me paid, advanced and
tnrnished", aud thereafter gave one p. an order
for sss on the claimant. who before the service
of the trustee process accepted the same In
writing, with the understanding that the claim
ant should he holden upon It only to the extent
That the amount due the defendant from the
trustee exceeded the amount due from the de-
PENDANT 70 claimant. The excess so due was
s3t..6.
Held, that 10 THAI extent the condition of the
acceptance had been fulfilled and the liability of
the aooeptor was absolute.
That the liability thus incurred at the de-
fendAnt's request 10 within the meaning Of tina
consideration stated In the assignment.
That the claimant has just and equitable
claim to reimbursement from the fund disclosed.
Title of claimant sustained with costs. Trus-
tees discharged.
Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1905-03-22
DIED.

COLE-At Deer Isie. March IS, Benjamin Cole,
aged IS years, months.
CONNERS-At Bar Harbor March IA, Mrs
Lizzie Corners. aged 81 years, % days.
DOw-At Stonington, March 8. Eva Dow, aged
syears, IL months. IS days.
EMERTON-At Riuehill. March "a. Mrs Dorothy
Emerton. aged s. years. months, IA days
GRAY-At North BrooksviIle, March Is, Capt
George Gray, aged ~ years.
GORDuS-At Sullivan. March 10. Mrs Maria c
Gordon. aged ~ years, 10 months
GOTT-At West Ellsworth, March q, Mrs Har.
riet Gott. aged IS years, months. II days.
HODGKiNS-At Bar Harbor. March Is. Asa
HodEkins, of Lamoine. aged! ~ years. 8
months. IS days.
KELLEY-At Marlboro. March 20. Frank
Kelley, aged A years, 4months.
MIECHE-At Green Lake, March II, Peter
Mieche, of Poland, aged about IS years.
RoBERTsON-At Bluehili. March IL, Mason G
Robertson. aged 10 years, months.
Tufrr-At Bar Harbor. March Is. Della A
Tu1l, aged n years. months.
YOUNG-At Hancock, March q, George Roland
Young. aged Is years. IL months, 5days.
Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1905-03-22
s-7=---a-7-=7--ai---s7=
MARRIED..

BOwDEN-GOTT-At Orland, March IS, by
Rev Howard ID French, Miss Ethel Bowden,
of Penobscot, to Ralph Colt. of Orlsnd.
CARTER WHITAKER - At Ellsworth,
March 20 by Rev 8 w Sutton. Miss Della
Carter to Eugene Whitaker. both of Ellis.
worth.
CLARK-IRvINE-AtS urry, March Is, by r v
d McGraw, Miss Mae Clark to Allen w
Irvine, both Of Mars Hin.
HUTCHINS - CANDAGE AT Penobscot
March rs. by Rev Fred Stanley. Miss Edith
N Hutchins. of Penobscot. to Gilbert Can
dage, of Bluehli.
INGERSON-DOw-At Stonington, March 5
by Lafayette Collins, esq, Miss Ella Inger
son to " lillian Wallace Dow. both of ston
ington.
URANN-MADISON-At Franklin. March I. by
Rev r Petersen. Mrs Alphons ne UranI
to George W Madison, both of Franklin.
Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1905-03-22

One lot of dark Outing Flannels,
One lot of Unbleached, Yard-wide Cotton,
100 pieces 19-inch Birds Eye Cotton,
White Mercerized Waistings,
Send for samples.)
Black Percaline Lining,
Special value in Pillow Cases, 36-42,
Special S1x90 Sheets,
Prints,
Ginghams,
Good value in Table Linen,
Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1905-03-22
BANGOR TO BAR HARBoR.

Saturday nights to Bangor only.
Trains leaving Ellsworth 7.l6 q m and Sis p
m, and arriving Ellsworth 1i.56 m, BAT p m
connect with Washington Co r.
fStop on signal or notice to Conductor.
These trains connect at Bangor, with throue
trains on Main Line, to and from Portland. Bos-
ton and st. John.
:. Passengers are earnestly requested to procure
tickets before entering the trafns and especially
Ellsworth to Falls and Falls to Ellsworth.
r. E. BoOTHBY. G. p. q T. A.
GEO. r. EVANS,
vice.Pres and Genr Manager.
Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1905-03-22
BAYSIDE.

Loring w. Thomas, of Bayside, left yes
terdsy for East Boston where he has en-
ployment for the season.
Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1905-03-22
JACKETS reduced from $3.50, $40 and 81

One lot of Ladies' Suits,
Night Robes,
Corset Covers, special values,
Pink and Blue Outing Flannel Night Robes,
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-03-13

sis3 - F2sY va
general news service Is comprehen::
ish;e and complete 1T Is accurate In
Its financial department and up. Ito
date onEits sporting page, Its serial
stories are BY the best mo- ern sau.
ithors. It pays especial attention to
the news and views Of all the church-
es, and i'm this respect has won the
admiration Of the best people. It's
editorial page Us a daily feast of the
best and brightest thought IT en-:
ldeayors TO avoid the ISL elbow and Scas
.terss only to the people lot the nome
and the family Il has no Sunday 81,
sues Six cents ID we So ID year. y
net let the Marion Claim
Agency collect thai claim Tor your !
Why not let the Marion Claim
Agency collect TINT claim Tor yoni i
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-03-13


On February 2 The Pittsburg Times
was %! years old. Its owners claim
that It's undimlnished popularity Is
3 "a N Newspaper That Speaks Out. Y
demonstrated by the fact that itshas
q larger circulation than any other
morning paper In Pittsburg. During
the past few years it has attracted q
great deal Of attent Ion by the frank
ness with which 1t has discussed
isubjectsaof public linterest When:
ever there Is before the people some
sqngssti lon Of absorbing Imp ortance
fnewsna nerjread ers: arItesion The aai ssssye
ito know q, lines has To- saw
What me: Zines says d flsht 10
tie point II news 10 die line. T1at.
however IS only one Or tlle merits
clalmed sar II By It's publ;shefa. It's
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-03-13

Concurrent enactments could he adopted
In the several States, In Aceoflnncs With
the encouraging tendency OF the lsElslar
ton OF tho fifteen States already. enunier-
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-03-13

Il gkN II.
\ Should publicity OF expenditures by po-ss
lltical committees have tho effect OF re-
sduclng campaign contributions political.
machinery and party efficiency would not
be harmed The reduction would cute on
/ tho camp followers. whose slight party
A affiliations serve no other purpose than to
l give occasion for utterly useless ana OK
\ travhEant expenditures A political or
I gnnization cannot be too perfect to be eff
4 fective. but managers OF national, StAtc
4 and local committees have often experi-
4 scnced thc:injury caused by the employ
4 nlcnt OF unnecessary campaign funds. abb
4 SorbinES md diverttns from their normal
i and more effective functions the Vital en-
A crgies of noiticnl leadership gft li5Sisf
4 Z INSTRUMENTATION are essential to tpar-
yty government their Importance and use
4 fulncES In our political system should be
4. fully Recognized. 4 They can not. he main
Il ttained without the expenditure needed in
4 Nightmare and honest5politics, but no pop
,l5ulur nrganiZntion.5 commanding n, sufficient
A amount Of interest among Its followers.
a will suffer. permanent disability because
4 OF Limitations and restraints Upon cons
Z. tributions and expenditures. The great
Il denominntiohal religious organizatio OF
d. this country IRE supported In great part
5iby;small contributions, When political or
a gttnIza tons are sustained by the large
A subscriptions OF The few, their activities
II become pnralyZedt by the development or
\ hispirlt OF dependence on the few. .is}sT
III Motors should "A be Informed by unre-
\ stricteJ and general diffusion ot$facts and
arguments pertinent TO the issues before
II the country. The great mass Of voters
A 'reach tthriri conclusions with title assist
Il ;ancey from the, Observation-Disclosures toward
N whIeh5Gainpaig expenses are too often DE-
"A reeied. n fsewspap ers and periodicals are
u a 4 moro fifeat dive atiopal force than
lions of 9pampf iets usually distributed dur
4 Ing. elections, IS ~ Isl * 81 -
4 Voters depend upon the great parties to
n frame issues TO command their support.
a and to nominate properly qualified candl-
q dates! fla party organization does mot
Il proyc3e equal to- this task, II Is a; matter OF
4 small moment that II succeeds in raising
Il large sums. or In perfeeting a machine
Il that 5absorbS$ and stracta. tho mat por.
the5political activity at the COM
! lImnud ftthei party. i 4 i, 4 i
A q confrib utions by corporati Ions should be
Unrestricted The freed ON OF indi Hidualsl to
Z icon tribute ling to- their means and
lIsinelIna tons It'd part ~ Sorgnnfzat lions need
I! not bS Int cred III by 1cglsla ton,
I There Is how MOI inherent In iyiduai
aetiy ies in-
stliuencinE tiiet CRED fsibhbi opif-
i lion which. MS the result OF zach national
: detection. paa es upon The rjghts md prop
|. efts of al The turning on d the light
: ltaniiot hs doomed Sna enconst it,iti onA ins
crease OF Federal or Stats control
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-03-13

The net limits the number on Ii ersoiia
who nh, III legal efapl led by ii candI-l
date us deputy election agen tsi polling
Clerks rnesE d etc fl pro-