davidaulloa/AmericanStories huggingface dataset:
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-11-09
IS. UJVENILE COURT LAW
AND NEEDED CHANGES
Judge G. w. Burnham of Vnton of Seventeenth Judicial District
of Iona Lam.
Judge G. w. Burnhan, of Vinton,
Seventeenth Judicial District,
Tells of the Mem Iona LAM.

child, if found guilty. The court may
commit the child to the care or Gus
toby of a probation officer, or may al
low the child to remain in its own
home subject to the visitation of the
probation officer as often as may be
required, and subject to be returned to
court for other or further proceedings
whenever, such action may appear to
be necessary; or the court may cause
the child to be placed in suitable
family home, subject to the friendly
supervision of the probation officer and
the further order of the court; or 1t
may authorize the child to be boarded
out in some suitable family home in
case provision is made by voluntary
contribution or otherwise for the pay
ment of the board of such child, and IL
the court shall find that the parent or
parents are able to support the child
or contribute thereto 1t may COM
pei them to do so: or the court may
commit such child, If a boy. to the
Industrial school for boys. or If a girl.
to the industrial school for girls; or
the court may commit the child to any
institution within the county incor-
porated under the laws in this state,
that may care for delinquent children,
or be provided by a city or county,
suitable for the care of such children,
or to any state institution which may
be established for the care of delin-
quent boys or girls over the age OF
ten years.
A child committed to such institu-
ton shall be subject to the control of
the board of managers thereof and
said board shall have power to parole
the child on such conditions as 1t may
prescribe: and the court shall, on the
recommendation of the board, have
power to parole the child ON such con-
ditions as it may prescribe; and the
court shall, on the recommendation of
the board, have power to discharge
such child from custody whenever, IN
the judgment OF the court, his reforma-
ton is complete; or the court may
commit the child to the care and GUS
tody of some association that will re-
ceive it, embracing lin its objects the
care of neglected or delinquent chill
dren, and that has been duly accred-
tied.
These are the provisions of the law
for the disposition of the delinquent
child in the discretion of the court, and
the law defines delinquent child to
be:
Any child under the age Of sixteen
years who violates any law OF this
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-11-09
lmportant Decisions{
ACCORD AND SATISFACTION.

ACCORD AND SATISFACTION.
The validity OF contract to pay an
Increased price for milk being in ques-
Stion, the seller notified the buyer that
he would hold him to the contract, and
that any payments made would only
he credited on account. The buyer
continued to receive the goods and sent
ysim In payment checks for smaller
Sums accompanied by statements at
the foot OF which were the words ITO
check in full" The seller accepted
these checks and sued for the balance
fof his claim. Held, that the facts do
not show an accord and satisfaction.
Laroe VS.. Sugar Loaf Dairy Co.. $50
n. Z. 367 New York;.
DOCTRINE OF EsSTOPPLE.
The defendant obtained a deed of
certain land from stranger to the
titie. A true owner, who learned of
ltnfs transaction within ten days, stood
by in silence for three years while
the defendant made Improvements on
Stl1is land, and then brought action to
lauiet title. Held. that the plaintiff is
|sstopped to deny the Defendants title.
Baillarge VS.. Clarke, IS Pac. Rep.
gSs (CaD.
DUPLICATE CHECK.
n The defentant, the payee Of check,
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-11-09

state, or any city or village ordinance;
or who is incorriglble; or who know
ingly associates with thieves, vicious
or immoral persons; or who is grow
ing up in idleness or crime; or who
knowingly frequents house of i'll
fame; or who patronizes any policy
shop or place where any gaming de-
vice is or shall he operated; or who
habitually wanders about any railroad
yards or tracks, gets upon any moving
trains or enters any car or engine
without lawful authority.
This definition of delinquency is not
nearly so broad and comprehensive as
the Colorado law, but it may be suffi-
cient for state like Iowa. that has
no large city.
The effect of this law is to permit
the court to intervene for the correc-
ton of the child before the offender
has committed a more serious act, and
increases the parents responsibility,
and at the same time warns tho par
ents of the necessity of more vigil
ance in the care and control of the
child If they desire to maintain their
custody.
Objections to the law have come
from some quarters for the reason, as
it is urged, that the parent Is deprived
Of the custody of his child for trivial
causes. The question OF those mat
tiers being trivial is not dsbatable; they
are serious matters and inevitably lead
to more serious ones, but as to the
right of the court to deprive the par
ent of the custody of his child, this
law does not very much enlarge upon
the right to do SO at common law,
which right has existed from time inn
memorial in England and it was long
ago engraf.ed into the foundation and
powers of a court of chancery or
equity as exercised by the English
courts, and by every state in the
union.
Story's Equity Jurisprudence says:
extends to the care of the person of
TIE infant so far as 1T may be neces-
sary for his protection and education.
1t is upon the former ground princi-
paqly that is to say, for the due pro-
lection and education of the infant,
that the court interferes with the ordl-
nary rights OF parents as guardians
by nature or nurture, in regard to
the custody and care of the chill
lren. For although in general par
ents are intrusted with the
custody of the persons and the
education OF their children. yet this
is due upon the natural presumption
the children will be properly taken
care of and will be brought up with a
due education in literature and morals
and religion. and that they will be
treated with kindness and affection. But
whenever this presumption is removed,
whenever (for exalnple) it is found
that father is found guilty
OF gross i'll treatment or cruelty
towards the infant children; or
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-11-09
The PRESIDENT DELIGHTED.

President Roosevelt's pleasure over
the results of the recent elections
where an aroused public swarmed
over party fences to defeat boss rule
Is shared by the people generally and
Ia another of the bonds that bind
president and people together. Mr..
Roosevelt has earned his pleasure In
his strong attitude of leadership
against bossisn. Doubtless certain
party managers will lay his delight
up against him for another day, but
Roosevelt has never appeared partic-
ularly frightened at the frown of party
managers. He knows a good thing
when he sees 1t and has not feared to
approve and advocate it.
Such presidents as he and such
revolts as Tuesday are the best
signs Of political health. When the
country led by Roosevelt ard Roose-
welt republicans rose against the
bosses it emphasized its danlnation OF
'.graft" and special favors. Jerome's
election in New York, the triumph OF
reform In Philadelphia, Gorman's de-
Feat in Maryland and the elimination
OF Cox in Ohio are simply expressions
OF popular purpose that goes deeper
than party lines and higher han party
bosses. The day Of the political boss
IS waning.
Party organization is necessary to
the establishment of principles. 1t
will always exist and be stronger for
the cleansing that has begun. II party
organization is in danger it is the
] time servers, the bosses and the graft
ers who are endangering t.. Philadel-
phia, New York, Ohio and Maryland
are the latest examples Of what boss
ism, soon or late, brings to the party
that upholds or permits boss rule. OF
course the president Is delighted"
over a popular victory. Who beside
! the bosses are not?
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-11-09
500 Reward. 500.

The readers of this paper will be
pleased to learn that there is al least
one dreaded disease that science has
been able to cure in all it's stages, and
that IL Catarrh. Halls Catarrf. Cure
is the only positive cure now known to
the medical fraternity. Catarrh being
a constitutional disease, requires a
constitutional treatment. Halls Ca
tarrh Cure is taken internally, acting
directly upon the blood and mlcuous
surfaces of, the system, thereby de-
troying the foundation Of the disease
and giving the patient strength to
build up the constitution and assist
ing nature in doing its work. The
proprietors have SO much faith in its
curative powers that they offer One
Hundred Dollars for any case that 1t
fails to cure. Send for list of testi-
monials.
Address r. J. CHENEY & CO.. To-
ledo, Ohio.
Sold by all Druggists. 75c.
Take Halls Family Pills for consti-
patton.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-11-09
mn. HEARsT's BEST CHANCE.

However the fair count by the courts
may result. whether Mcclellan Is COM
7 nr7ned AZ mayor OF New York o.
Hearst is declared elected the effect
OF the campaign has been to put Mr..
Hearst before the country In better
hight. than has previously beaten on
the throne Of the prince OF yellow
Journalism. The fight has shown us a
different Hearst Instead of the heir
70 his fathers millions with the mere
ability to finance newspapers and find
the men to run them successfully
I Mr.. Hearst has come into a place
OF his own as q. public man. Turnout
this campaign not only his newspapers
have stood against bad government and
for better, but Hearst has made hian-
SELF q personality in public life out
side his newspaper proprietorshap. He
has spoken with tact ana judgment
ana effectiveness tor reform. Here
sitter we must give him credit for
qualifications beyond the ability to
eign checks.
Mr.. Hearsts yellow newspapers have
always had one redeeming quality.
They have never stood for public fraud
and public unfaith In government. On
the contrary. They have. however, not
scrupled to cast baseless insinuations
against good men. Their general ten
dency is degeneaative OF sobriety of
Thought and purpose. They appeal to
the mob spirit and cultivate discon-
4ent arouse suspicion and counsel vio-
ience and their enormous circulation
ana hnancdal success are evidences
that the army Of discomfort does not
lack recruits.
Noblesse oblige. Now ta1at Mr..
97earst has taken higher ground as
public man 1t is not impossible that
the newspapers he controls may feel
|a inherent influence. At present they
|Are BLATANT street corner agttators,
accusing with cause and without, the
efacles Of n1obs, close companions of
anarchy. Mr.. Hearst's evidences of
personal character are gratefully sur
prising. Let It Extend t,,. his journals.
Standing on the level OF decency,
|oounsefing reform the good influences
|e6 the Hearst pubNcations would be
'inca1cuhble. Nj. Hea,,st has his
chance for greatness.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-11-09

Endorsed it to the plaintiff, who lost
1t. Nearly seven months later the
plaintiff obtained a duplicate from the
drawer which the defendant Endorsed
but which the drawee refused to pay
for lack of funds. Held, that the
payee's Endorsement of the duplicate
is only an acknowledgement of his
original liability from which the plain
tiff's laches has already discharged
him.
Lewis VS.. Commercial Natl. Bank, 80
S. w. Rep. 423 (Texas).
NEGLECT TO PROVIDE.
The defendant, honestly believing
prayer to be the only efficacious rem
edy for disease, neglected to furnish
either medical attendance or prayers
for an ailing minor to whom he stood
in the place of parents. No statute
with the jurisdiction required a parent
to furnish medical attendance to sick
child. Held, that the defendant could
not be convicted to homicide. State
vs.. Sanford, SO Atlantic Rep. 597
(Maine).
FAILURE TO PERFORM.
Plaintiff complains that on January
3rd, 1902. he ordered of the defendant
two gowns for, his betrothed. that de-
PENDANT was told at the time plaintiff
was to wed on January 18th, and was
mourning great expense for the we'd
ding; that defendant agreed In consid-
GRAFTON of $50 of which he then received
$40, to furnish the gowns on or before
January 18th. but wholly failed in the
performance of this agreement; that
in consequence of this failure the we'd
ding appointed for January 10Th was
broken OFF, by the lady, and this plain
tiff had uselessly incurred expenses to
the extent of $500, wherefore he de-.
lnands damages in said sum. Held,
that the failure to perform contrac.
was to remote cause for the recov.'
cry OF resulting damages. Copalla vs.
Kraushaw, SO N. Y. Supp, 436 (New
York;.
WILLS-VERBAL.
The deceased during an illness whfc
he expected would prove fatal gave
verbal directions for the disposition Of
his property. At that time he had the
opportunity to make written will; and
his death though from the same illness
did not occur until sixteen days after
wards. Held, that the directions con :
stitutes valid verbal will. Baird vs..
Baird, 10 Pac. Rep. 1853 (Kansas).
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-11-09
A policeman's Testimony.

j. N. Patterson, night policeman Of
Nashua, Iowa, writes: Last winter
had a bad cold on my lungs and tried
at least a half dozen advertised cough
medicines, and had treatment from
two physicians without getting any
benefit, A friend recommended Foley's
Honey and Tar and two thirds Of a
bottle cured me. consider 4. the
greatest cough and lung medicine In
the world" For sale by Mcbride
Will Drug Co.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-11-09
WILLs-vERBAL.
Mans Unreasonable

is often as great as woman's. But Thos.
s. Austin, Mgr. of the Republican"
OF Leavenworth, Ind, was not unreaH-
enable, when he refused to allow the
doctors to operate on his wife, for fee
male trouble, Instead" he says, I'VE
concluded to try Electric Bitters. My
wife was then SO sick, she could hardly
leave her bed, and five (5) physicians
had failed to relieve her. After taking
Electric Bitters. she was perfectly
cured, and can now perform all her
household duties" Guaranteed by Nc
Donald & Mahood Co.. druggists, price
20 cents
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-11-09
No Poison in chamberlain's Cough
Remedy,

From Napier, New Zealand, Herald:
Two years ago the Pharmacy Board Of
New South Wales, Australia, had an
analysis made OF all the cough medi-
cines that were sold in that market.
Out Of the entire list they found only
one that they declared was entirely
free from all poisons. This exception
was Chamberlain's Cough Remedy
made by the Chamberlain Medicine
Company Des Moines, Iowa, U. s.. A.
The absence Of all narcotics makes
this remedy the safest and best that
can be had, and 1t is with a feeling
Of security that any mother can give
it to her little ones. Chamberlain's
Cough Remedy is especially recon-
mended by it's makers for coughs,
colds, Group and whooping cough. This
remedy is for sale by all druggists
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-11-09

Obstinate constipation. indigestion
and stomach disorders are pel'man-
emily and positively cured by taking
HOLSTERS Rocky Mountain Tea. 35
cents, Tea or Tablets. Mcbride & Will
Drug Company.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-11-09
Home Visitors Excursions to Ohio,
Indiana, Etc.

The Iowa Central will have on sale
November 9th special low rate round
trip excursion tickets to points In
Indiana. Ohio, Western Pennsylvania
and New York, etc. Return limit twen-
ty- one days from date of sale.
Call on agents for particulars, or adj
dress A. B. Cults G. p. & T. A,
Minneapolis, MINI.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-11-09

Joseph Hughes Of Hamilton, o., for
nler counsel to Birmingham, has re-
covered verdict of $4,000 against
Felix NJ. Warburg, a rich New York
automobilist who injured him.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-11-09
He Could Hardly Get Up.

P. H. Duffy Of Ashley, III, writes
This is to certify that have taken
two bottles Of Foley's Kidney Cure
and 1t has helped me more than amy
other medicine. tried many adveriis-
ed remedies, but none Of them gave
me any relief. My druggist recon-
mended Foley's Kidney Cure and it has
cured me. Before commencing it use
/ was in such shape that I could hardly
yet UP when once down." For sale by
Mcbride & Will Drug Co.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-11-09

/ The referendum in favor of having
the people vote on the proposition of
having municipal electric light plant
at Buffalo, N. T., was carried by 5,741.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-11-09

CONTINUED on Fifth Page.)
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1905-06-30
Levy An Assessment.

The executive committee of the
Bear Lake County Stock Growers
Association met here Tuesday and
levied an assessment of 2 cents per
head OH stock owned by members
of the ASSOCIATION for the purpose of
defraying expenses of the association
this year. Secretary J. S. Robson
requests that this assessment be paid
to him at the earliest date possible
or to any one Of the following who
are members Iof the executive com
mittee: Amasa Rich, J. A. Hunt, Jr.
j. w. Hunter, III. III. Hoff.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1905-06-30
Will Remove the Stockyards.

It is now definitely known that
the railroad company will remove
the stock yards from their present
site, west of the depot, to the land
recently purchased just north of
town. Plans for the new stock and
feed yards have been completed and
it is expected that force of men
will be bere within few weeks to
begin work on them. This change
will necessitate the construction of
a side tract to the new yards, which
will be much larger than the present
ones. The siding in the yards will
be Of sufficient length to hold a train
of 35 cars and there will he five
loading chutes. The yards will be
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1905-06-30
Received a Gold Medal.

George Munns, foreman of section
No. 1s-extending from Montpelier
west-is the proudest employe on the
entire Union Pacific and Short Line
system, and George has reason to
be proud, for yesterday he received
handsome gold medal as reward
for having the best kept section on
the entire system for the year 1904.
The inspection of the system was
made the latter part of last year by
a board of inspectors which consist
ed of the chief engineer, division
engineers and road masters, and the
decision awarding the prize to Mr..
Munns was the result of their lnves-
tigation, which was most thorough
one.
The medal, which is solid gold,
is about the size of a silver half
dollar. The cross bar bears this
engraving: "l9o4-George Munns," !"
On the face of the medal, across the
center, is engraved ..Section No.
49," while around the border ale the
words, "Oregon Short Line, Idaho
Division" On the reverse side of
the medal these words are engraved:
.'For best Section on the System"
Accompanying the medal was a
letter from the officials compliment
ing Mr.. Munns for his excellent
work, and expressing the hope that
he would be able to win similar
prize which will be awarded for the
best section this year.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1905-06-30
Miss Cooper Loses by a Few Votes.

Miss Blanche Loughran of Poca-
tello, was the winner in this district.
in the Capital News Portland fair
tour contest, defeating Miss Georgia
Cooper Of this city, by 1853 votes.
While Miss Cooper feels somewhat
disappointed over her defeat, she
has the satisfaction Of knowing that
she gave her successful competitor a
close race, and that none of the
other defeated candidates came as
near winning as she did. The
Examiner congratulates Miss Cooper
on the splendid showin5 she made,
but regrets very much that it does
not have the pleasure of announcing
her as winner. However, Miss
Loughran, the successful candidate
from this district, is a most worthy
young lady, and fully deserving of
the compliment paid her by her
Pocatello friends.
Following are the names of the
eight young ladies who will enjoy a
free trip to the Portland fair, chap
eroned by Mr.. and Mrs. A. L. Nit
chell of the Capital News: Beatrice
Riechcrt and Emma Corn of Boise;
Marie Rockwell of Nampa; Albie
Skippen of Emmett; Mary Glenn
of Mountain Home; Fanny Taylor
of Idaho Falls; Carrie Richardson
of Weiser and Blanche Loughran of
Pocatello.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1905-06-30

provided with every convenience
possible for the handling of stock.
The establishment of feed point
here will be worth a great deal to
Montpelier, as the, purchase of the
llO acres by the railroad company
means that this will be permanent
feeding point. The enlargement
and Improvement of the stockyards
will also probably mean that more
stock will be driven here for ship
ment than heretofore.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1905-06-30

Twentieth Century limited. The
train, No. S, was late and Engineer
Gump made the run from Mountain
home to Nampa, a distance of 55
miles, in 5S minutes. Between
Orchard and Nampa several single
miles were clipped off in ss seconds.
Considering everything, this sur
passes the New York CentraPs
phenomenal speed. These trains
are composed of but SIX coaches,
have an almost perfect track with
practically no grades, while the
speed on the Short Line was at
tanned by an engine pulling thirteen
coaches.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1905-06-30
Fast Time on Short Line.

Last Friday Engineer Gump, who
runs a passenger train between
Glenn's Ferry and Huntington,
made a record for fast time with
engine 85l that equals the speed of
the New York Central's famous
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1905-06-30
IMPORTANT DECISION.
Supreme Court Renders One That
will be of Interest to the Med
ical Fraternity.

A~eA AAOS~AAAtI$
In an opinion handed down by
the supreme court Saturday, the ac-
tion of the board of medical exam
iEers of Blackfoot in refusing to
grant q license to DIR. J. B. Cooper
of that city, under the law of 1899,
was reversed and the doctor will be
given license without an examina-
tion. A provision of the law re-
ferred to is as follows:
''All persons, excepting as herein
after provided, who are legally en-
gagged in the actual practice of med
icine and surgery, or either of them,
within the state at time of the pas
sage of this act of 1887, shall be IL
cellsed without examination to con-
tlnue such practice under this act by
making application to the state med
ical examining board"
DR.. Cooper was regular practic
ing physician at Blackfoot when
this law took effect, and refused to
submit to an examination. He was
arrested and the matter taken
! through the probate and district
courts and appealed to the supreme
court on an agreed statement of
facts.
Under this provision Of the act of
1899, considered IN connection with
the agreed statement that the de-
fendant was entitled to practice med
icine IN the state in 1887, the court
held that the state examining board
should have granted him a license
without examination. In conclusion
the court says, with reference to the
medical board:
at could not ignore the plain
provisions of the 1899 law and
thereby make criminal of citizen
of the state engaged in legal and
lawful business. If the board of
medical examiners could withhold a
license from an applicant in this
manner until he could appeal to the
courts tor redress, making Grimm
al of him every time he prescribed
for or visited patient. they could
not only deprive him of valuable
property rights, but ruin him in his
profession and brand him as GRIM
lnal. This is neither the spirit or
intent of the law"
The opinion was written by Chief
Justice Stockslager, his associates
-concurring.