davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-02-05

the sums paid were the reasonable
value of their services; that the1r SER
vices were necessary and that such
payments were accepted by the clerkf.
"as a complete discharge and salts
faction for the work done by each.
Held that a recovery by the county
of the money thus paid to the defend
ant, Gts obligation to the clerks hav.
ing been discharged) cannot be sus-
tanned. b,
(Syllabus by the COURT
Appeal from the district court OF
Dickey county; w. s. Lauder, judge.
F. B. Morrill, and E. E. Cassels for
the appellant.
George T. Webb, for respondent.
Opinion by Young ]. Engerud J.
having been of counsel, took no part
in the decision
The same question, with regard to
what schools are to be considered in
computing the salary of the county
superintendent, is decided in the case
of Dickey county VS.. w. w. Denning.
In this case the county sued to re-
cover judgment for alleged overpay-
ment of salary, it being alleged that
special schools and departments in
Glendale and Cakes were included
when the superintendent salary was
computed. This is an appeal on the
judgment of the lower court overrul-
ing demurrer interposed by the de-
fendant to the complaint. The SUI
preme court holds that the demurrer
was properly overruled and says in
its syllabus:
Constituting section 652, revised
codes of 1899, which provides a grad
uated salary for county superintend-
ents of schools corresponding to the
number of schools or departments of
graded schools under their official
supervision in the preceding year, it
is held that schools in special dis
tr1cts are not under the official super
vision and are not to be included in
computing the salary.
(Syllabus by the Court.)
Appeal from an order of the district
court of Dickey county, w. S. Lauder,
judge:
McCumber, Forbes & Jones, Purcell.
Bradley & Divet and Morrill, & En-
gerud, for appellant.
George T. Webb, for respondent.
Opinion by Young, j.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-02-05
FORTY THOUSAND MEN OUT.
Workmen at Sosnovice Strike and
Wreck a Railroad Station.

Workmen at Sosnovice Strike and
Wreck Railroad Station.
Sosnovice, Feb. About 10000
men are now out on strike.
At a meeting of strikers Friday the
men forcibly dragged officials belong
ing to the management of various con-
Germs to the place of meeting. All the
speakers insisted on the preservation
of public order. The mems demands
include minimum wage of Is cents
a day, eight hours to constitute days
work; various reforms in factory man
psement and old age pensions. After
the meeting $4,000 strikers marched
six miles to the Dombrova district in
perfect order but everywhere persuad-
ing workmen to strike.
Friday the strikers went to the rail-
way station of Streshemeschiz, seized
and bouSd the officials, wrecked the
station bhilding1and stopped trains in
both directions.
There is a report from Radogoszes
that a mob there killed one officer and
two soldiers. ...--
A general strike commenced Friday
morning at Pabianica.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-02-05
COLD HAMPERS ALL TRADE.
But the Prospects Are Bright for the
z..& Near Future.

&ss q FNSaT r uturSs "sFas 8fl4
New York, Feb. 4.-Bradstreets
weekly review of trade says wide
spread cold weather hampers trade in
nearly all lines, thus retarding but not
entirely checking the opening of spring
distribution. Except in few cases,
however, notably transportation and
mining, industry displays rather less
than seasonable interference. Except
in few lines, especially cotton manu-
featuring, advance business has been
placed with a free hand and the feel
ing is none the less strong that milder
weather will usher in widespread &C.
tivity in all lines.
While the situation may be said to
SAVIOR rather of promise than perform
ance, 1t is to be noted that the South,
which has been and is suffering from
the depression in cotton, shows a
rather better tone this week, consist
ent with an advance in cotton prices
and reports that the holding of cotton
movement grows rather than lessons.
The late freeze in Florida did much
damage to the fruit and truck crop
Records of past movements confirm re-
cent fairly optimistic reports. Jan,
uary clothings are the largest recorded
In that month for, though falling be
hind year ago, are ahead of Deem
Der.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-02-05
REPORTS FAVORABLE TO RUSSIANS
kurOpatkin Wires Emperor His Forces Are
Holding Their Own
RunOrs In ST. Petersburg That General kurOpatkin Has
Resigned His Command

st. Petersburg, Feb. A.. General
Kuropatkin;, telegraphing under date
Of February 8, to Emperor Nicholas
said: sThe village of Chautandhenau
was completely occupied by our
troops after a severe fight. We re-
connoitered the villages Of Fanshen
and Poudzeva that were occupied by
the enemy and after several volleys
fired by the sharpshooters we entered
Fanshen and shot and bayonetted
many of the Japanese. The latter
were reinforced and attacked our
sharpshooters who retired, carrying
off their dead and wounded. On our
right flank the Japanese left one hun
dred dead. No reports of any fur
ther encounters have been received.
One of our patrols blew up the rail
way eight miles south of Lao Yang,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-02-05
STATE SCHOOL Law IS CONSTRUED
Supreme Court COnstrues School Law Of the
State In Hicks Case
Especial Schools Must Not Be Listed In Computing
= Superintendent Salary

The supreme court has handed
down a decision in the case Of Dickey
county against w. e. Hicks, brought
to recover alleged over payment for
the salary Of the defendant as county
superintendent of schools and for
clerk hire. The case was tried to the
court before Judge Lauder and the
county was awarded a judgment for
the full amount claimed. The ques-
ton raised before the court was as to
whether the county auditor, in com.
putting the salary of the county sup
erintendent, which is based on the
number of schools under the super.
vision of the superintendent in the
county, had right to take into &C.
count special school districts. The
trial court held that the auditor could
not consider these schools and this
Is upheld by the supreme court. Upon
the other question raised, that of the
right of the county to recover for clerk
hire claimed to have been paid, the
supreme court disagrees, with the
finding of the trial court and holds
that the sums paid for clerk hire were
the reasonable value of the services
OF the clerks, and that the county
having received value for the sums
paid, cannot in conscience recover
the sum. The judgment of the lower
court is modified to this extent and
affirmed. The syllabus of the deci
sion is as follows:
l.. Schools in special districts are
not under the official supervision OF
county superintendent and are moi
to be taken into account in computing
their salary under section 652, re-
vised codes, following Dickey county
VS.. Denning).
2. To authorize recovery of
money paid under mistake it must an.
pear that the plaintiff has not received
the equivalent contemplated by the
payment and that it is against con-
science for the defendant to retain it.
3. The county auditor of Dickey
county in good faith, but without au-
thority of law, included in the de-
PENDANTS monthly salary warrants the
amounts which were due from the
county to the clerks employed in his
office. 1t was stipulated and the trial
court found that the defendant paid
said clerks amounts in excess of
those received from the county; that
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-02-05

connscarlon and great hardship SAID
that the bill in its present shape did
not provide for anything more than
what was in the original Interstate
commerce act and which had stood
for ten years, at the end of which time
the railroads raised the question Of the
legality of the enforcement of the de-
cistons of the commission as to rates,
the courts sustaining the contention
that there was no power vested in the
commission to, fix rates. In other
words. he said, the very law now pro-
posed was in effect for ten years and
had operated to the satisfaction of the
railroads
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-02-05
RAILROAD EMPLoYE KILLED.
Several Other Persons Injured in a
Train Wreck. :#

p H. ,
Whitesboro, N. Y, Feb. 4.-One rail.
road employee was killed, one fatally
hurt and several passengers were in
jured in a wreck on the New York Gen.
trail road near here early Saturday.
The boiler of the engine drawing
train No. %, westbound, from Boston
and New York, exploded. The loco
motive toppled over upon the east
bound track and just at that moment
the Buffalo special, known as train
No. 80, approached from the west, run
ming at high speed. 81 hi.
The entire train was derailed when
it struck the wrecked engine.
The cars, on leaving the track, rolled
over a slight embankment and lay on
their sides. All the passengers were
hurled from their berths and many
were severely bruised and cut. 1t is
not believed that any person has been
killed, with the exception of Fire
man John Brennan on the westbound
train. He met instant death, and his
engineer. John Allen, was fatally in
fnred ,-a-.-. ..... H..
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-02-05
wife BEATER
GETS HIS DESERTS
AN ABERDEEN BARTENDER SHOT
BY HIS STEPDAUGHTER.
SHE WARNS HIM TO QUIT ABUS
ING WIFE TO NO AVAIL.

Aberdeen, S. D., Feb. 4-Wllliam J.
Maloney, aged thirty-five years, bar
tender, living in this city, was shot
by his stepdaughter, Genevieve Fait
aged thirteen. Maloney was beating
his wife when the girl warned him to
stop or she would shoot. Maloney
continued the mistreatment and the
girl secured a % caliber revolver. Ma.
loney then grabbed a chair and start
ed towards her and she shot him. One
of the bullets penetrated his stomach
and lodged in the muscles of his back
His case is said to be hopeless,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-02-05
WRECK ON CENTRAL.
Two Train Men Killed and Score of
Passengers Injured.

Two Train Men Killed and Score Of
Passengers Injured.
Utica, N. Y, Feb. 1.-TWO trainmen
lost their lives and a score or more
passengers were injured in a wreck
on the New York Central railroad at
Whitesboro at an early hour today
None Of the injured were dangerously
hurt. The dead are: John Allen, en-
gineer: John Brennan, fireman on the
western express. AS this train was
passing Buffalo as special eastbound
the boiler Of the locomotive Of the
westbound train exploded. The force
Of the explosion and the upheaval oil
the engine threw the entire train Of
thirteen cars composing the special
from the rails. The westbound train
did not leave the track.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-02-05
THE HAY.B0ND
TREATY GOES

Washington, Feb. 4.-The senate
committee on foreign relations has
authorized a favorable report on the
Hay-Bond reciprocity treaty. It was
amended in q number Of important
particulafs. +
The treaty Will be reported by Sen.
atof Lodge. who heretofore opposed
It. The amendments meet, the OBJ
jections raised by the New England
fishing interests. The treaty provides
for reciprocity in the products of the
United States and Newfoundland
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-02-05
AS A PARTY MEASURE
HOUSE REPUBLICANS IN CONFER.
ENcE DEclDEsoN THE Esch.
TOWNSEND BILL.
NO AMENDMENT TO THE RAIL
ROAD RATE MEASURE WILL
BE ALLOWED.

Washington, Feb. 4.-The Republi-
cans of the house of representatives
in conference Friday afternoon adopt
ed as a party measure the bill extend
ing rate-making powers to the inter-
state commerce commission, as agreed
upon by the committee on interstate
and foreign commerce and known as
the Esch-T Townsend bill. The confer
ence Instructed the house committee
on rules to bring In rule providing
for consideration of the measure be-
ginning at II o'clock Tuesday morning
next and continuing until A o'clock
y Wednesday, when vote shall be
3 taken. No amendments will be allow
ed to the bill, although the first vote
is to be taken on the Davey bill, as the
Democratic substitute for legislation
on the railway rate subject. =
The conference, which lasted three
hours. developed opposition to the
measure. The only test vote taken
was on motion to postpone the mat
ter for further conference next Tues
day. This was lost, "A to lot. Eff
forts were made to amend the bill
during the conference but all Of these
failed. Fault was found with the
bill on the ground that 1t did not in
clude regulation for the private car evil
and terminal charges. The advocates
Of the bill contested these criticisms,
claiming that authority was contained
1 ID the bill to correct the complained
of evil.
~ NE BE change Of the meeting from a
caucus. as the call stated, to a con-
ference" leaves members participant
Ing free to follow their own ihclifa.
lions. It is understood that the oppo-
sition may organize with the purpose
OF joining the minority In the house in
the vote on the rule prescribing the
manner OF considering the bill in the
house. These plans, however, have
not been actually and definitely decid-
Cd on.
Opposed to Present Legislation.
Messrs Mahon and Sibley Of Penn
sylyania were conspicuous in their OPP
position to any legislation at this time,
both contending that suficient time
had not been given to the considera-
ton Of the subject. Pennsylvania.
Mr.. Mahon said, was the state most
affected and he thought that the mill
ions Of money involved In the pro-
posed legislation should not be ieop-
erdized by hasty legislation. Mr..
eibiey expressed the opinion that the
members OF the COMMITTEES which re-.
ported the bill wefs hot themselves
clear In their Interpretation Of it. Mr..
Wagner. also Of rennsylvania. took 4
different attitude from that Of his col.
leagues and said that he would sup
port TIE proposed measure unless he
wAa cohyinced that something better
could be offered. sss
The speech that most impressed
members was delivered BY Mr.. Payne
of New York, the majority leader. who
ii answer to Mr.. Mahon's allegations
that the proposed bill would result In
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-02-05
ON TN EnstArE COMM ERCE LAW,
A. 3. Stickssy Of ST. Paul Delivers an
Address in Washington.

Washington. Feb. "A. B. Stick.
ney of ST. Paul. the president Of this
Chicago Great Western railway, delis-
cred an address Friday night on the
subject OF THE Defects Of the Intel.
state Commerce Law" before the reg.
ular monthly meeting OF the Washing
ton Economic society. Mr.. Stickney
pointed out in caus: 1srable detail what
he regarded as the defects Ia the law
and was listened to with close attea-
ton by an audience identified with
economic interests, Brief remarks,
were also made By Senator Nelson and
BY Chairman Knapp Of the interstate.
commerce commission.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-02-05
SOMETHING DOING
In THE PHILIPPINES

Manila, Feb. "A force Of the In
sular constabulary, commanded by
lieutenant Mohief is reported to have
killed ave Of the sub-leaders OF the
Eadrones on the Island Of Negros and
70 have beheaded Papa Isio. their
leader. Papa Isio has been called the
scourge q the islands for the past ten
years.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-02-05
CONTROL OF THE Erie RAILWAY
Report Is Current That Morgan and Hill Now
Own Absolute Control
Will Place the North Pacific Coast Lines On Par With
Hartman System

Chicago, Feb. At is reported that
the purchase by J. P. Morgan and
James J. Hill of 100000 shares of Erie
stock in London, with what they have
bought in New York gives them abso-
lutte control of the Erie road and that
it will be made the Atlantic end of the
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-02-05
TROUBLES SPREADING.

Reports Of Rioting In Poland Con
tInue to Embarrass the Emperor.
Warsaw. Feb. 4.Reports from
Czestochowa. Russian Poland, say
that the city is in state Of panic.
The inhabitants are barricading their
doors and Windows in consequence Of
the attitude Of the strikers. III
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-02-05
FOURTEEN WIVES
Will MEET HOCH
THE CHICAGO eIGAMIsT WILL
HAVE A WARM RECEPTION
ON HIS RETURN.
HIS WIVES WILL MEET HIM AT
DEPOT TO IDENTIFY
t- HUBBY.

New York, Feb. Adjective LOT
tus, of Chicago, who came here to get
Johann Hoch, said, after the prisoner
had been remanded, that Supt. of De-
tectives Shippy will have fourteen wo-
men at the depot in Chicago when
Hoch arrives there, who will attempt
to identify the man as their husband.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-02-05
Hill system of roads.

Hill system of roads.
The purchase, it is said is intended
as an Offset to the combination of the
Vanderbilt and Hartman interests
and will place the North Pacific coast
lines on an equality with the Harri-
man system in competition for the
trans-continental traffic.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-02-05
Another Russian Squadron.

& Another Russian Squadron.
st. Petersburg, Feb 4.-The third
Russian Pacific squadron commanded
by Admiral Nebogatoff an dconsisting
of four battleships and three cruisers
will leave Libau February fourteenth.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-02-05
CHASED AND TREED by WOLVES.
Wisconsin Man Badly Froxsh ~ Re.
suit Of HE ExperieAee.

Ia Crosse, WIS. Feb. 4.-Pursued
and freed for eight hoatE by q pack Of
timber wolves With the temperature
40 degrees below Zero. was the expe-
rience Of Hans Peterson, farmer Of
Coon Valley He was found by res-
cuers wedged In the tree branches nm
conscious both hands and both feet
md his face were frozen. His feet
ana fingers win probably have 70 be
amputated.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-02-05
January 81 and Feb. End"

Rumor Of kuropatkin's Resignation.
st. Petersburg, Feb. 4.-The rumors
of General Kuropatkin's having hand
ed over his command to General Line.
witch Commander of the First army
has been current in st. Petersburg
since the announcement that General
Gripenberg had been relieved Of his
command of the second army.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-02-05
Belgian Miners on Strike.

IT, Belgian Miners on Strike.
Mons, Belgium, Feb. About A.
600 coal miners struck during the day
for higher wages. The national con-
gress of miners will meet shortly to
discuss general strike.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-02-05
Not Buttinq In.

London, Feb. 4.-The foreign office
denies the report that Great Britain
and Germany are seeking to end the
Oriental war. ..@. sa-- ...'
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-02-05
PLEAD FOR MRS. KATE EDWARDS.
People All over the Country Ask Pen
g.. nypaAter to Grant Reprieve.

People All over the Country Ask Pen
g.. nypaa<er to Grant Reprieve.
Harrisburg, Pa, Feb. 4.-The re-
prieve by Governor Bell of Vermont
of Mrs. Mary Rogers, who was to be
hanged Friday, has brought to Govern
or Pennypacker kilograms from all
over the country asking him to re-
prieve Mrs. Kate Edwards, who is un-
der sentence OF death in Reading on
Feb. Is. @ .. o.,
So far as the governor is concerned,
the entire matter rests with the board
OF pardons. and that body will not
meet until the day before that set for
Mrs. Edwards hanging. He has no
authority to grant pardon or COM
mute sentence. except upon the writ
ten Recommendations of the board. "
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-02-05
TIRED OF LIFE.
A St. Paul Man Ends His Troubles BY
the Revolver Route.

st. Paul, ain. August Lindgren.
q man Al years old, shot himself
through the right temple at his home
about eleven thirty yesterday morning
and died almost Immediately. Lind
gren has been sick for q number Of
years with stomach trouble.
The Washington times., 1905-01-07
QUESTION OF WATER
FOR THE NAVY YARD
Commissioner Biddle Considers Plan
Suggested of Taking 1t From
the River.

Engineer Commissioner Biddle is con-
sidering a suggestion made to the Com
missioners by George w. King. of 1926
Thirty-second Street northwest, treas
urer of the First Cooperative Building
Georgetown Citizens Associat ton, in re-
gard to the alleged waste of water in
the District by the Government.
The Commissioners a short time ago.
al the request of Congress, submitted a
statement of the amount of water used
by the Government One item alone
showed that the navy yard uses every
day 2,614,1S6 gallons of water. which
is needed principally for mechanical pur-
poses in the condensers. boilers, and
motors.
Mr.. King suggested that as the yard
is situated on the rivers edge. and as
there is an abundance of spare power
the necessary water could be taken
from the Potomac by a force pump at
very slight expense.
When the filtration plant is establish
ed. each gallon of water used in the
District viii be enhanced in value and
1t is claimed that such change would
then save the cost of about SIS a day in
addition to the cost of the water used in
the yard at present
Such a scheme has already been pro-
posed for the District pumping station
adjoining the navy yard. but it has
been found that at certain times the
river bed is so torpid that the water
cannot be used Therefore it has been
necessary to install two services one
to connect with the river and one with
the District water system. Such a plar
may be adopted in the navy yard
The Washington times., 1905-01-07
BANCROFT COUNCIL
INSTALLS NEW OFFICERS

AT the regular monthly meeting of Ban
croft Council, National Union. held last
evening at 514 Ninth Street northwest
the following officers were installed for
the ensuing year:
President, r. w Kerr; vice president
h c. Knapp; speaker, G. g. Seibold
ex-president. II. NJ Keyes: usher. F
w. Gardner; financial secretary. E. F
Rankin; recording secretary, H Il
Martin; chaplain, F. c. Campbell; ser
geant-at-arms. w. T. Hearst: doorkeep
er, J. r. Randolph; treasurer. D. Weav-
er. The installation ceremonies were
under the direction of c. T. Hendier.
president of the cabinet of the District
assisted by j. A Healey. vice president
Of the cabinet; Rev. Alvin Smith, ].
D. Biddis, John Burdine, F. NJ Copen-
haver. F. E. Ferguson. and c. T. Mil
Ter.
The council appointed a. committee to
arrange for the annual excursion TO
Chesapeake Beach
Addresses were delivered by the Rev.
Alvin Smith. c. T Miller. and others.
after which lunch was served by the
committee having the matter in charge
The council then adjourned to meet
the first Friday in February
The Washington times., 1905-01-07
AVERSE TO DISCUSSIO
OF HOSTILE MEASlES
Admiral Walker, However, Evidly
Believes Panama Canal Com
mission Is Safe.

While the members of the Pana
Canal Commission may informally b.
tect themselves from the numerous
tacks that are being made upon To,
no official statements will be issueS
that body. This announcement Is
made this morning by Admiral Wal,
the chairman of the commission.
There is nothing to say" said {
admiral this morning, except that &
are going ahead with our work We !
making headway and we have hel
nothing of any executive disappro.
ton
Admiral Walker was averse to a d
cussion OF the bills which have b{
introduced in Congress for the curta
ment Of the powers of the commissi'
and one for its abolishment 1t was es
TO discern, his belief, however. Il
nothing would cone Of this proDos
legislation In regard to the alleged m
treatment of clerks and other employ
on the iSthmus, reports of which ha
been received in Washington recent
Admiral Walker said:
These reports are exaggerat ed
have just returned from the isthm
and know what is going on OF cour
there are hardshfps there. All have
rough 1t, as even the members of I
commission and parties We have Sc
down there in the past have had to {
L have stood as much as anybody. Z
yoltng men there must put up with co
dltfonS until the improvements M
underway have been completed.
The commission is now Investigate
the whole matter, but | do not belle