davidaulloa/AmericanStories huggingface dataset:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-04

NJ. A. Rollins returned. Sunday morn
ing, to his business in Bangor. after a
short stay in this city.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-04

Fred Moor is selling out and expects tc
go to California soon.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-04

There will be another of Halls pop
ular dances at Massachusetts hall
Thursday evening.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-04
SKOWHEGAN.

Mrs. G. w. Hayden went to Portland
Saturday.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-04

Miss Bertha Mead Of this city, is
passing Il few days with f,iends in
Skowhegan.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-04
J WATERVILLE.

Mrs. Horace Herd of this city, is Wis
iting friends in Dexter
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-04

Miss Grace Ripley of this city, is Wis
ting friends in Portland.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-04

c. L. Somers went to Pittsficld, Sun
day morning, for a short stay.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-04

Ailred Sargent and Carl Anders on have
recently had the Central Maine telenhonn
put III their homes.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-04

Mrs. Thomas Lunnin of this city. is
visiting for few days with friends In
Bangor.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-04

Mrs. Clara Bartlett was the guest OF
Wa.crvlle friends, over Friday night.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-04

Miss Lizzie Downs of Newport, is tho
guest of Mrs. Sidney Wentworth.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-04

Miss Hazel Gleason left, Saturday.
join her father at Cumberland Mills.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-04

Mrs. Cordelia Hayward of Fort Fair
held, is visiting friends in town.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-04
SOLD BY

WEBER 4 HEWETI,
GEO. D. HASKELL,
MERRILL BROS,
GEO. w. WADLElGH,
A. N. BROWN,
r. r. WELSH,
EDISON LOCKE,
ou AUGUSTA
J. z. CUNNINGHAM,
FARMERS SUPPLY CO. #
CHAMBERLAIN & LADD.
A. A. BRANN,
o.,.n..G GARDINER
CHARLES Il. cLARY,
4. G. HARRINGTON,
HALLoWElL
JACKSON ToWLE,
WINTHRp
a. NJ. BOWMAN 4 CO..
MANCHESTER
z. L. COVE,
WHITcoMs & CANNON.
MORRILL, & CRAIG,
e. o. CORSON e. CO.,
W. W. NYE co.
FAIRFIELD
WINSTON
B0WDOINHAM
o. .. sHEReURNE & CO.
RICHMOND
BATH.
FULLER hOLWAY COMPANY
DISTRIBUTORS.
The Chanute times. [volume] (Chanute, Kan.) 1897-1913, 1905-11-17
PopuIar Talks on Law

copyrighted 1905, by VIM. c. Sprague, Presi.
dent The Sprague Correspondence School OF
Law.
The Chanute times. [volume] (Chanute, Kan.) 1897-1913, 1905-11-17
LANDLORD AND TENANT.


Where the lease attempted to be
made is invalid, neither the landlord
it, and it is as if it never was written,
so long as the tenant has not taken
possession under it. Neither party
can go into court and enforce any OF
its terms.
However, if the tenant has come
into possession of the premises under
the invalid lease, 1t will govern the
rights Of the parties in some particu-
lars, though not in all, For instance,
verbal lease for five years would be
invalid, and neither the landlord nor
the tenant could enforce It's terms,
unless the tenant has gone into pos
session under. If, however, the ten.
ant has gone into possession under it,
the terms Of the lease will govern the
rights and duties of the parties as to
the amount Of rent to be paid,
the use to be made Of the
premises, the matter Of making
repairs, etc; but the provision as TO
term, that is, five years, is no effect.
In such a case the tenancy becomes
one from year to year.
There is a still further qualification
to the generalsprinciple as laid down.
If any of the provisions of the lease
are inconsistent with tenancy from
year to year, such provisions will not
stand. But where written lease is
executed on Sunday, and the lessee
enters into possession that day, the
lease is absolutely void for all pur.
poses, and reference cannot be had to
the lease in discriminating the Germs
Of the tenancy; so decided IN Wis
consin case.
A tenancy from year to year under
an invalid lease, such as we have (,
described, differs from an ordinary
tenancy from year to year IN this: 1t
is the rule that where a tenancy is |
from year to year, the parties must
give notice to quit, and the notice is
almost universally fixed at six months
before the end Of the yearly term,
unless the lease specifies otherwise; in
other words, TO end a tenancy from
year to year that runs on indefinitely,
notice must be given by one party to
the other. But in the case Of cue
holding possession under an invalid
lease (which the law declares to be a
tenancy from year to year notwith-
standing Its Provisions for stated
The Chanute times. [volume] (Chanute, Kan.) 1897-1913, 1905-11-17

holding over, independently of his
Intention.
The mere fact that the tenant holds
over Is not of itself sufficient to make
a tenancy from year to year. The
landlord must IT. some way recognize
the tenancy, by the acceptance of rent
or otherwise. In an Illinois case 1t
was held, that when tenant held
over In order to take possession Of
certain new premises of the landlord,
he was only held liable for the time
he occupied.
In New York case, the parties at
the time the lease expired we're ne
gotiating for occupying another por-
tion of the premises at a different
rent. The Court held that the tenant
could not be held for another year. if
he vacated the premises under these
circumstances, in reasonable time
after the negotiations had failed.
The course open to landlord in the
case of a tenants holding over and
neglecting or refusing to give up
possession, is to bring action for
ejectment and damages.
The terms of the old lease, il case
of new term by holding over, govern
during the new term.
If, when the lease is about to expire
the landlord notifies tenant that In
case he retains possession after the
lease expires he will he bound for
new term at increased rent. or on
different conditions than what were
provided in the original lease. and the
tenant actually holds oyer, the latter
is bound for the new term at the in
creased rent and under the changed
conditions.
Where a sub tenant holds over. b 9
holding over is taken in the law to be
the holding over of the tenant himself
his act is taken in be the tenants
own act.
In one case where, at the end OF the
term, the landlord took possession.
but went ahead and collected the rent
for series of years from sub-tenants
of the original lessee and applied the
same towards the payment of the rent
due on the original lease. claiming
that the lessees relation had been
terminated, court of equity restored
the possession TO the tenant, and
compelled the landlord tn execute a
ease Of the premises to the lessee on
the same terms as the original lease,
and to account to the lessee for the |
rants collected from the sub-tenants.
1t is a serious question that has
given the courts much trouble.
whether a sub tenants holding oyer
against the will of the tenant should
be construed as holding over by the
tenant himself. Cases are conflicting.
Penalties are imposed in some Of the
states ty statute on tenants who hold
over without permission; these stat
uteS are so many and various that 1T
would be impossible here to enumerate
them.
A mere agreement to give lease at
future date, does not create tenancy
nor does it give the prospective tenant
the right to possession. Yet, when
the prospective tenant is permitted to
go into possession under an agree
ment for lease, tenancy is thereby
created.
In determining what law governs in
the matter of leases, 1t should be
borne in mind that the law Of the
state in which the premises are stu
ated, and not the state where the
parties reside or make the contract,
governs the rights and liabilities of
the DartieS
The Chanute times. [volume] (Chanute, Kan.) 1897-1913, 1905-11-17

term, the tenancy terminates at the
end of the time fixed by the invalid
agreement, without any notice to
quit.
For instance, suppose l rent your
property from year to year for an
indefinite time. To terminate the
tenancy. notice must be given six
months before the end of one of the
yearly periods. Now, suppose that [
rent you property for five years under
verbal lease. A verbal lease for five
years is invalid. But suppose you
have taken possession under that
Invalid lease. The law says you are a
tenant from year to year; but in this
case, if you are allowed to remain for
years, it is not necessary that a notice
be given six months before the end of
the five years ia order that the ten
ancy from year 10 year terminate
then.
In one case person who cultivated
farm on shares, made verbal agree
ment, which was void under the
statute, to cultivate it three years
more on tie shares, Even though the
agreement itself was invalid for the
three years, the person making it
having entered upon the premises, the
Court held that tenancy from year
TO year was established.
When a tenant remains in possess
sion of leased premises after the ex-
piraton Of the term stated in his
lease, he is said to "hold over"
Where a tenant holds over, he is
hound for another term at the option
of the landlord. If the tenancy was
from month TO month, he is held for
another month. If it is from year to
year or for an indefinite perid, he is
held for another year.
The question Of when rent is payable !
does not fix the length of term. Where
the term was for year with rent
payable monthly, and the party holds
on after the year has expired, he is
held, not for another month but for
another year.
The right to determine whether a
tenant may remain for another period !
in case of holding over, belongs TO the
landlord.
A landlord may, by quietly submit
ting to the holding over, be taken as
as where he knows that the
tenant is holding over aud accepts |
rent after the term has expired. Once |
the landlords consent, either directly |
given, has created new term, neither |
nor tenant can thereafter
refuse to recognize it as existing.
The law fixes the tenants liability for |
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-08-02

| police protection at night. Upon
paying his bill yesterday and getting
released, he came over to his restau.
rant and got into an alteration with
Curt Layman, who had kindly consent.
ed to assist in looking after his bust.
ness interests during his absence.
Curt took offense at his procedure.
when he locked the door and with.
drew. Meeting again later by acct.
dent they had more words, and finally
exchanged physical energy. when Curt
withdrew with slugged ear and jaw
and Dutch returned to the city Iodg.
ings to await the further penalty of
the mayor for his wrongdoing, If such
1t shall be found upon investigation.
With his successful business ability.
we can but deeply regret that he does
not choose to apply It to better ad.
vantage for himself and family. But
Dutch is law unto himself, and claims
the right to do as he pleases, regard
less Of the consequences, even If il
does cost him dearly, and the loss Of
his would-be friends.
u
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-08-02
STATEl!; BANKS;
ARE BEING EXAMINED THOR
ouGHLY BY THE STATE
BANKING COMMISSIONERS.

CHARLESTON, Aug. 2.-The an.
nual examination of the State banks
is now in progress by the State Bank.
ing Commissioners Department. The
examination was commenced several
months ago and is now about hall
completed. During that time Banking
Commissioner Mathews and Assist.
ant Commissioner S. p. Smith, have
busily engaged at different points
throughout the State probing the de.
tails Of the States financial institu.
lions. Up to the present time there
have been but few Irregularities found
In any of the institutions.
There are in all 100 banks in the
borders OF West Virginia that come
under the supervision of the Banking
Commissioner. About 90 of those
have been examined up to the present
time. With one exception all of the
Charleston banks have been examined
on this round and all examined have
come up to the mark required by the
examiner.
Only the State, and not the Nation.
al banks come under the purview of
the commissioner, and the examina.
ton is being conducted along very
careful lines.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-08-02
win Investigate Charges.

On Thursday of this week the board
OF directors Of the hospital for the in.
sane will convene at the institution
for the purpose of investigating
charges which have been preferred
against DR.. Kunst, the superintendent,
by DR.. Holt. Thos. r. Hornor and w.
E. Hardman. Originally there were
% charges, but at a recent meeting
the board eliminated all but FIVE, and
the investigation will be confined to
these.
This paper knows of no conduct on
the part Of DR.. Kunst to warrant the
making of these charges, and it be.
lieves they were useless and ill-timed.
However. the board has received them
and declares its purpose to investi-
gate, and now the only thing to do is
to go to the bottom of the affair, make
thorough inquiry as to the official
demeanor of DR.. Kunst and those sub.
ordinate to him, so that a finding ia.
vorable to him will be a real yindica.
ton. and in any event the result must
satisfy all. We disbelieve that DR..
kunst has anything to lose by having
the whole matter sifted to a finish.
and he and his friends will least of
all desire white-wash. If there has
been wrongdoing the public is entitled
to know what 1t is and who is respon-
sible; and II the charges are false
and unfounded it is likewise due the
accused that the people be assured
that they have ben fully probed and
disproven.--Weston Independent.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-08-02
RICH FARMER JUST MISSES
A GOLD BRICK

The refusal of local bank teller
to allow rich farmer to- draw out
81 800 this noon doubtless spoiled the
sale OF flne,y gilded brick, says the
Warrington Record.
The fa'mer's nervousness gave t:e
teller the idea that somethiu, was
wong and later developments disclos.
ed Inc fact that a neatly worked bunco
game came within an ace OF being
pulled off.
The rich farmer on being question.
ed by the teller as to whether he had
.leal on hand said that he had, and
ncoded the $4,000 merely for the mat.
ter OF an hour or two when he would
return It and tell all about the deal
which he said. was a good one."
Real estate?" asked the bank tel.
Ter.
Eyes, real estate" replied the
farmer.
ASK the people you are dealing
with TO step into our directors room
and any money you need to close the
deal will be available" said the eau
tious bank clerk.
The farmers nervousness increased
as the teller talked, and he finally
went out of the bank.
An investigation is going on and
enough has been learned to permit
the statement to be made that the
brick was big one with four solid
gold corners on It.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-08-02
KING SENDS TO THE PRESIDENT
ADDITION TO HIS LIBRARY
Edward VII. Presents Books pescrip
tive Of the Royal Collections.

LONDON, August 2.-Slr Purdon
Clarke had a sudden summons to ap.
year before the King at Buckingham
Palace for farewell audience before
his departure for New York, and was
decorated with the commandership of
the Victorian Order.
The King, who conversed with Sir
Purdon for about three.quarters of an
hour, was most gracious in his appre.
citation OF the splendid work done by
the retiring director of the South Ken.
sington Museum and said to him:
Remember you are retiring with
distinction"
King Edward also charged Sir Pur.
don with message to the President
of the United States, to whom he is
to present in the Kings name copy
OF all the books that have been writ
ten or compiled on the. royal collec.
tions.
Sir Purdon wanted to ask the King
for special permission to retain his
uniform, but His Majesty, as though
he had read his thought, anticipated
the question by telling Sir Purdon he
could wear his uniform on special oc.
cassons, although he is leaving the
service.
He also spoke in affectionate terms
of the memory of Sir Phillip Cunliffe
owen, one of Sir Purdon's predeces-
sors at the National Museum.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-08-02
a WOMAN TO BE PRETTY
Mast Have Luxuriant and Glossy Hair,
No Matter What Color.

The finest contour Of q female face. the
sweetest smile of a female mouth. loses
something II the head Is crowned with
scant hair. scant and falling hair, It Is
now known. is caused by a parasite That
burrows into the. scalp to the root OF the
hair, where It saps the vitality. The lit
tie white scales the germ throws up in
ourrowing are called dandrufr. To cure
dandrun permanently. then, and to stop
railing hair. that germ must be killed.
Newbros Herpicide. an entirely new re-
suit OF the chemical laboratory. destroys
the dandruff germ. and. of course, stops
the railing hair, and prevents badness.
Sold by leading druggists. Send 1oc, In
stamps for sample to The Herpicide Co.,
Detroit. Mich.
E. A. Billingslea & Co., Special
Agents.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-08-02
INCREASE IN
ALL COUNTIES.

Reports OF two more counties on
the real estate assessments were re-
ceived at the office of the Tax Com.
missioner to-day. The reports were
from the assessors of Morgan and
Upshur counties. Each indicated a
large increase in the real property
valuations over those of last year
The increase is proportionate with
those shown in the other counties
The land books from these two coun.
lies have not yet been received at
the Office.
a new department has been lnaug.
urated at the Tax Commissioners OF.
nee. 1t is a bureau of clippings. All
the publications bearing upon the tax
commissioners work and that OF the
assessors Of the State are being care.
fully collected by Chief Clerk Tow N.
send, and are then tabulated and
pigeonholed for future reference
Charleston Mail.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-08-02
FIRST WARD.
By our Regular Correspondent.


Jerry Bartholow has secured the
contract for plastering the new add.
ton to the Miners Hospital.
Miss Clara Hess. Of Rivesville. is
in the city visiting at the home of
Mr., George Adams on State street.
The coiored folks Of Morgantown
came up ON the Isaac M. Mason yes
terday for an excursion TO No. 9 and
return.
Jesse DUR, Of near Hoult. was ad.
mitted to the City Hospital last even.
ing for treatment Of typhoid fever.
Others are being added daily and the
hospital Is filing up.
The Kings Daughters will give an
other Of their popular excursions on
the Isaac NJ Mason tomorrow even.
Ing. accompanied by Junhns' band,
which insures good music.
n
Miss Lille Smith, of Tappan,, Tay-
Tor county, underwent surgical op.
GRAFTON at the City Hospital yester-
day. and is doing well.
Miss Efle Male, of Davis, is in the
city visiting with her uncle and aunt,
: Mr.. and Mrs. B. F. Male, Of Merchant
street for q few days.
Mrs. virgie Miller. Mrs. John
Gantz and her daughter. Ethel. all of
Merchant street. left the city Monday
evening for Grafton. to join friends
for ten days trip to Atlantic City.
Ashford 8. Gibson and wife, Of
Morgantown. stopped on in the city
on Monday afternoon, with Mrs. James
H. Leonard. OF Water street, on their
return from the funeral of Mrs. Craw-
ford Scott. who died at Independence
OF internal tumor. and was buried at
Grafton.
A strange craft in the form of a
yacht appeared unheralded at our
wharf yesterday, which is reported to
be from Wheeling and will remain
with US a few days before starting
back on the return trip.
W. S. Thomas and daughter, Elsie,
left on the noon train yesterday, as
formerly announced, to establish a
transfer office at Warrington, and
when put in running order will be
left in charge Of Miss Elsie as book.
keeper, who will prove equal to the
occasion and do her share to make
1t success.
MISS Katharine Meighen, of Jol.
lytown, Pa, is in the city as the
guest Of Attorney Powell and his
sister. Yesterday evening they gave
a yacht party in her honor, accom-.
panied by Mr.. Carl Springer and Miss
Ollie Brands The. Misses Meighen
and Powell also went down to Nor.
gantown on the Isaac NJ. Mason this
morning. expecting to return this
evening. They thus take the opportu.
nifty Of trying our river navigation on
both our larger and smaller craft.
Dutch Watkins has been so unfor.
tunate as to get or his base again.
After moving his family he has laid
aside business to spend time in
drinking by day and lodging under
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-08-02
Residence For Sale.

For sale cheap five roomed house
located on corner near proposed
new High School building. City water
and gas. Terms reasonable. Inquire
at the West Virginian office. x
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-08-02

House carpenter and contractor
Always ready and responsible. CAN
+. and M. phone 325. r. F. d. No. 6
Z Zach Cleavenger. /,
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-08-02

An OF the latest telegrapnis ana
local news win be found In the wssi
virginian. ~
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-08-02
NOTICE TO SUBSCRIBERS.

NOTICE TO SUBSCRIBERS.
If you are a subscriber to the West
Virginian and fail to get your paper.
single evening, don't hesitate to can
US by phone or drop US card 80 we.
can investigate the case. The only
way we have of knowing OF these.
things is through complaints Of our
patrons. We ask you to notify rs NJ.
once and we will see that your paper.
is delivered to you.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-08-02

How did old Pscadds ever break
into society?'
by lending money to some of its
impoverished leaders. ''-Chicago Tri.
bune.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-08-02

Cobbs-There was another girl in
love with me, so my wife married me
for spite.
Dobbs-Well, she certainly got good
and even with herself.-Detroit Tri.
bune.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-08-02

Ladies' Aid Society Meets To-Morrow
The Ladies' Aid Society, of the NJ
f. Church, South, will meet tomorrow
afternoon at the home of Mrs. Nor
gar, Billingsley. AS there is business
Of importance to come before the
society. those members who can pos.
sibly do so, are urged to be present.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-08-02

An analysis of the new assessment
returns from Braxton county shows
that the greatest increase in assess.
ment values was in the coal proper
ties. as the following percentages of
increase in values will disclose: In
the value of lands. 200 per cent. in
coal 1913 per cent, in town lots 277
per cent. Total percentage of increase
in all kinds of property is ZIG. The
following table shows the difference
between the valuations of 1904 and
1906:
Values 1904 1908
Lands ....sl,sOS.174 sS,92S, 5s7
Coal ....... 99.Sls 432,141
Town Lots :. 1928 510.165
Totals Isl, 543,230 $4,47O, 1893
The figures of the Increase on these
three classes of property are: Lands,
S2,62o,41S; coal, 1892, 1928; town lots,
S374.S27. Total increase on all three
items. sS.327,56s.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-08-02

The West yirginian Respectfully
solicits JOB printing q an Kinds
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-08-02
Big INCREASE
in COAL VALUES
ANALYSIS OF THE ASSESSMENT
IN eRAxToN COUNTY MAKES
INTERESTING STUDY.

CHARLESTON, Aug. 2.-Hardy
county returns on the new assess
ment have been received at the Audi.
tors Office and the assessment Of 1905
shows an increase Of $727,b49.S4. over
that of 1905. The figures for the two
years are:
1904 .s2.5O1 goo "a
1905 ............... 1,774,141. 90