davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1905-01-29

property on credit. the title is reserved to the vendor until payment, the ven- dor, upon noncompliance with the conditions of sale kby the vendee. may either retake the property, no matter in whose hands 1t is, or he may treat the sale as absolute, and bring an &C., ton for the price, but the assertion of either right Is an abandonment of the other.
 2. Same; what evidence proper to show..-Where tho evidence is conflict- ing as to whether a sale was condi- tional or absolute, 1t is error to refuse to allow the defendant to answer the following question: 'Tell the jury. at the time the contract was made be- tween you and WJll Killings (the plaintiff), whether or not there was any agreement between you and Will Killings as to your taking possession of the horse on default of payments, and if so, what was the agreement?"
 Reversed and remanded.
 Opinion by Haralson. J.
The Montgomery advertiser., 1905-01-29
Too Much Confidence.


 T had been among Chinamen for fif- teen years before I ever succeeded in getting the confidence of one." said the judge from Nevada.
 Among the hethen in my locality was fellow named Hop Lee, and of all the poker players ever met he was the most imperturbable. It was abso- lutely impossible to read his face, and and opponent who hadn't at least threes would lay down to his bluffs.
 T finally made the acquaintance of a Chinaman named Lung Sing, and after doing everything for year to win his confidence. he told me how to size up Hop Lee. He said that when Hop had a poor hand he always hummed softly to himself, and after a few games I verified this statement. Then three or four of us set out to raise the Celestial out of his boots.
 We got up a big game and got him in. and when the biggest jackpot of the year was on the table we watched out for his humming. He hummed We took it that he had a pair and went in to do him up. but heheld fours, and the way he did cripple us was awful to see. I never had a doubt that Lung Sing stood in with him. and from that day on never wanted to get brotherly with John Chinaman. It costs too much
The Montgomery advertiser., 1905-01-29

the part of such superintendent. or
 notice of the fact to him.
 1S. Same; what property refused.--In
 such an action. where the complaint counts on the negligence of the su-
 perintendent in providing and using the particular belt fastened with Blake | studs. a charge which instructs the jury thta under this state of the plead
 ings mo recovery can be had there
 under on account of any defect that
 may have existed in the machinery or appliance. whether 1t consisted In the
 character of the studs used or the want
 of protector. or any other defect in
 the appliances" is erroneous and prop erly refused.
 14. Approved appliances; when use
 of by employer does not necessarily
 exempt from liability.--While an em- ployer is not required to use the best
 possible appliances to protect his em- ployees from danger and while he may
 show, in order to rebut the charge of negligence on his part, that the appli-
 ances that he did use were such as were adopted and used by many pru-
 dent persons engaged in the same busi-
 ness; yet such fact does not necessar- fly exempt the employer from Iiabil- ity; and a charge asserting such prop
 osition, is erroneous and properly re- fused. Reversed and remanded.
 Opinion by Haralson, J.
The Montgomery advertiser., 1905-01-29
BINGHAM V. DAVIDSON.
Action by Broker for Commissions
 Appeal from the City Court


 Action by Broker for Commissions
 Appeal from the City Court of
 Montgomery.
 1. Complaint; what counts may be properly joined in.--A complaint con taining two counts, a special count in assumpsit, and the other the common count for work and labor done, Is not subject to a demurrer for a misjoind- CT of counts.
 9. Demurrers: rulings on. when not raised by a single assignment of er- ror.-When demurrers are interposed to the counts of a complaint separate ly, and there is only a single assign ment of error, each count of the com- plaint must be defective, or the as- signment will not avail to reverse the judgment of the court.
 3. Agent; when entitled to com missions-An agent, whose contract with his principal is that he shall pro- cure a purchaser for certain lands at Q stated commission and 1t contains no stipulations as to the ability of the purchaser to be procured to pay for the lands. has compiled with his con- tract and is entitled to his commits sions. if he secures a purchaser with whom a contract of sale Is made by the owner, upon terms mutually agreed upon by such purchaser and the own CT. who Is the agents principal. {. Same; what substantial compii- ance with his contract.--Where an agent under such a contract finds a purchaser and presents him to his prin- cipal. and without any unfair practices on the part of any one. the principal accepts him and after agreeing with him on the terms of sale and exchange of property. enters into a contract to mat effect with such purchaser. the agent is entitled to his commissions. even if the purchaser did not comply with his contract. nor would a subss- auent modification of the contract of sale by the principal and the purchaser have that effect.
 g.. Same; duty of principal when
The Montgomery advertiser., 1905-01-29
MCKEE vs. WEST.


 Bill in Equity to set aside Voluntary
 Deed and Subsequent Mortgage by
 Voluntary Grantee, and subject
 Lands to Claims of Existing Cred
 itor of Voluntary Grantor--AppeaI
 from Marengo County Chancery
 Court.
 i. Bona fide purchaser: plea of, what sufficient--A plea which alleges that at the time of a loan was made, and mortgaged taken cotemporaneous- ly to secure the same, the mortgagors were in the actual or constructive pos session of lands embraced therein; that the lender had the records of the coun- ty in which the lands were situated examined, which records showed a voluntary conveyance to the grantors in the mortgage by their mother, and showed no liens on the property con- veyed in the voluntary deed; that re- lying on these facts he loaned his money and took his mortgage, and that he had no notice of complainant's equity and knew of no fact calcula ted to put him on enquiry either at or before the time he loaned the mon- the mortgage on the lands to secure the same, contains all necessary aver ments, and is in proper form.
 2. Voluntary deed; effect of as mo- tice to subsequent purcahser from VOL untary grantee.-The law sanctions a conveyance upon 8 good as distin- guisned from a valuable consideration, and not a fraud on the rights of any one. The mere fact that the pur- chaser from the holder of such title has notice that 1t Is not founded on a valuable consideration Is not sufficient to make 1t his duty at his peril, to en- quire whether the title of his grantor was not frauduelnt; but he has the right to reply on the legal presump- ton that such voluntary conveyance was honestly made until some other fact is brought to his knowledge to raise a suspicion in his mind that the conveyance is fraudulent.
 8. Same; while voidable by exist ing creditors of grantor, is not void A voluntary conveyance Is valid as be- tween the parties. and while the law stamps such conveyance as per SC fraudulent as against existing credi- tors of the grantor, the only infirmity in the title of the voluntary grantee is its liability to be impeached by creditors. and as to all others 1t is perfect; and when 1t has passed into the hands of a bona fide holder, even this infirmity is cured, and the title becomes secure and indefeasible.
 Reversed and renaanded.
 Opinion by Dowdell, !.
The Montgomery advertiser., 1905-01-29
All POWerfuI.

'T," said the mysterious stranger. yet not boastingly. "am more powerful than the law. the courts or the will of the people. I am that which punishes the innocent and lets the guilty go free. send honest men to jail and rogues to the Legislature. overrun the will of the majority and cast out of office the honestly elected candidate"
 Are you some mighty captain T' asked we timourously.
 "Oh, mo-" was the courteous reply; T am that of which you have often heard, but probably never seen, name- ly-"
 This with an amiable grin
The Montgomery advertiser., 1905-01-29
New Spring
 Shirt Waists.

These dainty Waists that we are showing in the Basement this week represent the newest styles in wash waists. Each one has its own distinct beauty feature in em- broidery, pleating, etc. Most of them are white, but there srs some pretty colored ones in the lot.
The Montgomery advertiser., 1905-01-29
JN0. |. COBBS & co.

We have week unpackng several lines of Spring goods which the newest ideas fabrics and
 We pleased that the ladies look them with the best wearabes and alert to see that they disappointed
 And ready show of the latest effects dress know that will delighted with and pleased with their wohu wearing qualities.
The Montgomery advertiser., 1905-01-29
Toile du Nord Ginghans

In the newest and most stylish Spring color effects, 1CIc per yard .. .... .. .'@2O
 Pretty Zephyr Cling t0c hams, per yard sVN New Spring Per 1CIc cales, per yard .. .. ..s s%2N
The Montgomery advertiser., 1905-01-29
Land of NabObs.

Almost the entire commercial wealth orf India. with it's population of s00.- 900, ,oo0 Is said to be in the hands of less than 90.o0o persons.
The Montgomery advertiser., 1905-01-29
More New AIl-Ovcr
 Laces and Nets.

Just received by express an other lot of the latest styles in black and white. Let us show you some while you are shopping Monday.
The Montgomery advertiser., 1905-01-29
DAVIS vs. MILLING

Detinue for Horse.---AppeaI from the
 City Court of Bessemer.
 1. Conditional sales; failure to pay instaliments under effect of.--Where. on the sale and delivery of personal
The Montgomery advertiser., 1905-01-29

Birmingham Embroidered Silks FOR EARLY SPRING WEAR.
 This is one of the most talked of silks of the season, and is to be,quite the vogue. We are show ing the richest and newest patterns, at per C1 S0 yard .. .. .. .. ...YssSV
The Montgomery advertiser., 1905-01-29
New Neckwear

We are now showing the sea- sons newest styles in collars, and collar and cuff sets which we should like very much to have you see as they are so dainty and pretty.
The Montgomery advertiser., 1905-01-29
New Yeils

First showing of the.new turn back style in net veils, in the cor rect shades and color combipa- tions.
The Montgomery advertiser., 1905-01-29

Remnants of Wash Goods
 White Goods, Flannelettes, Outings, Ginghams, etc., on cen ter counters at about Half Price this week.
Alaska forum., 1905-08-19
Local News Items

Geo. Cowan has bought the property on Front street from Mrs. Nussbaum.
 August Peters left Wednesday for a prospecting trip across the divide.
 Miss Parke has sold her Front street property to Walter Sundborg.
 Rev. J. E. Huhn returned from Fair banks on the Leah.
 Mrs. Langford and Mrs. Ballou are visitors from the creeks.
 Tom Antonson is prospecting some benches on the Hootlanana.
 Dr. Wharton is one of the busy men of the camp. His coming has indeed filled long felt want.
 A. H. Lane, of the What Cheer bar company, is in camp owing to the Pio- neer trespass case.
 M. w. Sinclair has gone on a ten days prospecting trip in the Ray river section.
 Miss Peck, sister of c. w. Peck, arrived from the States the early part of the week.
 Beardsley & Belsea, of the Eagle Mining Co.,, arrived from Fairbanks On the Leah, and left for Glen yesterday morning.
 Geo. Shirley and Charley Mayo re- turned from the Toolavana Wednesday. They report heavy rains through their entire trip.
 Dr. Hudgin accompanied by Geo. Ledger left for Tanana Wednesday. The doctors eyes are seriously affected from his recent trip to Ray river, and he was compelled to go to Tanana to secure medical treatment.
 A number of men have been laid off by the Big Minook hydraulic company the past week, owing to defects in the construction of the big pipe line. It is stated that the pipe line is not laid pro- perly and that the air valves are so located that when the water is turn ed off, sections of the line have collaps- ed.
 The Sarah will take out quite 8 list of passengers from Rampant to the outside on her down trip. Among those who have signifed their intent to leave on her are: Mrs. J. w. Duncan, Mrs. J. E.. Nussbaum, Mrs. R. H. Wr;nh+ Kf;cc hlocl>o uT~;~b+ ~ R
Alaska forum., 1905-08-19
'Nome Nugget" Tells Just
 Who Makes The Trouble
From the Nome Nugget:

VVTHAT is the matter with Alaska? w We have become chiefly fa-
 nous for official b1o:ls, tur- moils and scandals of every description. What is the matter? Is the fault with the officials, the people, or both? The officials themselves say that it is due to the perverse mental and moral status of the community. This doctrine might attract some adherents were it not for the notorious fact that the imported of- fcials hurl fiercer anathemas against each other than ever launched against either of them by those over whom they have been sent to rule.
 The puplic records do not disclose the whole truth, but they disclose enough to convince any fair-minded, disinter- ested person what is the matter with Alaska. Eight federal officials ill this city hold as locators by agent four hum dred and fourteen mining locations an average over fifty-one claims each. But this is only in the Cape Nome re- cording district. In the Koagarok, Fairhaven and other precincts tEe offic- ial thrift is still more in evidence. It is not unlikely that were the truth known, nearly one-third of the Kouga- rok district is owned by the federal off, ficiab of Nome.
 How have all these mining claims been acquired?
 1t is unnecessary to answer that ques- tion in this part of the universe, for here it would never occur to anybody to ask it, any more than one would ask why it snows in the winter and rains in the summer. We have unfortunately got to point in Alaska where a pros pector is afraid to return from a trip in the hills without having staked in some member of the official family.
 And they get their reward. Should smile from on high be thought insuf- ,6cient encouragement to labor diligent- ly in the judicial vineyard, the minor offices about the federal nest are now sapportioned to reward and to encour- age not only those faithful on the tun- dra and the creeks, but those who have shown absolute and complete submis- siveness, as members of grand juries in defense and vindication of official patrons.
 What is the matter with Alaska?
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1905-07-12
Tallant. Grant Company rined.

The Tallant.firant Packing Company
yesterday paid fine for lie failure 70
secure d selniDg license, as provided by
the fishing laws Of the state. The state
secured a conviction before Justice
Goodman and the company was iifad.
The oiiens. for which The company
was arrested was the operation Of u
seiuing ground at iIarrcl Beacon sandn
When the company commenced work
thsre 10 failed TO secure the necessary
liccnse. and yesterday the Asheries OH
riaIs secured warrant for the arrest
OF the oiiiwr- Of the company, They
were brought before Justice Goodman
during the morning and entered plea
oi guilty. The court imposed fine o.
$50 aud costs,
immediately following tke trial the
company applied for license, al cost
Of about $50. The circumstanee IL at
trihuted 10 oversight
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1905-07-12
FAILURE pREMEDITArED.
Creditors Of Fiaver Lumber & Shingle
Company Claim Fraud.

Some Of the creditors of the lefunct
Flavel Lumber 4 sbinglc company arc
relating some uncomplimentary episodes
concerning the failure. 4 tew days be-
fore the three paItnerr IN the concern
lett Warrrnton one Of the creditors ask.
I'd Tor settlement Of his labor claim
and was assured that he would be set,
tied wiih June !. At the time he filed
tin request for a settlement the com.
pany had 5000 worth Of lumber on
hand and also large quantity Of shin.
giles, but between that date and june
] th" entire stock was shipped away.
The creditor expressed the conviction
that the failure was a sort Of prcmcdi.
tated affair.
The creditors will Get little or moth
Ing out ot the concern. which owed for
the improvements made to the plant.
The plan. was mortgaged 10 Warren a
Lester and the resource. have been
found 10 he nil There Is not even
enough In sight TO pay the labor claims.
10 say nothing Of the other obligations
That the company ia out Of business for
good is evident
II has been reported that one Of the
creditors built 5000 home At Port.
land with lumber sawed at the mill,
and this circumstance has been seized
upon for the purpose OF investigation
Sbonid Il I've found 10 bc correct. then
the home may be attached. The manner
in which the concern failed has prompt.
ed the creditors TO seise upon anything
and sentiment. II /. declared,
Win not influence them.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1905-07-12
Gain During the Yea. Is Hundred
and One.
ORIENTAL PUPILS ARE FEW
Girls Lead Boys. Clerk Ferguson Feels
that While Increase is Small, the Fact
that Oriental Pupils are Reduced in
Number is Gratifying.

The school census Of the city Of A..
toria haA been completed by T.. Il. Fer.
g,ison, clerk of the school board. The
census Included enumeration OF all
tho.e between the ages Of 4 and 90. and
shows an Increase as compared VIII,
last year. census Of lOl. The total
number oi boys u school age now in
city is 1879; the total number Of girIs
Of scheol aye, ljs9.
The censu. shows gain of only
lOl during the year" said Clerk Fer.
guson iart evening, but in reality the
showing Is better than appears from
this net gain. Last year We had 100
Chinese and Japanese children OF school
age. but this year We have but "a. Here
u loss OF 81 in the Oriental population
Of school age, which must be reck0ned
IN computing the gain for the year The
number Of white children has increas-
ed. in Few OF this fact. li7, which / con
slider very fair. The Oriental loss has
been entirely in the Chinese population
The Japanc-e have held their own. but
the Chinese are disappearing"
Another interesting fact concerrGng
the school population lies in the show.
ing that the girl. have passed the boys
in point Of number. This is, 50 far as
u known. the first time the girls have
ever led. III 1901 there was but five diff
ference in favor OF the boys, the fol
lowing year the lead was increased to
SO; In 1908 the difference was r.. and
in 1904 il was AZ. But this year the
girls have overcome the lead and now
outnumber the boys by 10,
The number of boys Of school age in
the city is 1879; the number Of girls.
1850; the Total, 3lGs. as compared with
a total Of 3O67 for 1904. 3olO for 1909.
26SO for 1902, and 1853 for 1901.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1905-07-12
Transfers of Realty.

Deeds we're filed for record in the
county clerks Office yesterday as fol-
lows:
Harriet Z. Abercrombie 10 Charles
Abercrombie in block A, MeEwan's
Addition to Ocean Grove;Sl.
], c. Ainsworth to Belle Clayton
100 acres in section 81. township 4, north
of range 10 west; 81.
j. c. Ainsworth to Chas. H. Clayton
lG0 acres in section Is, township north
of range 10 west; ST.
Alfred Blackburn to Name Johnson
lot 6. block 10, Van Duseh's Astoria;
$lO5.OO.
Peninsular Land & Trust Company to
Annie S. lensen--lots II and Is. block
10. Taylor's Astoria; $500.
Albert Wagner to Charles p. Magin-
nis--lO7,Ss acres in section 5, township
north of range ! west; 5000
Heirs of A. Haekleman, of Albany
Or, to V, +. Bowlby Undivided one
halt of lots and 4, block ll6, Shively's
Astoria 5000
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1905-07-12
Get The People"
Haystack Rock araksn I'M

W S, Chapman and ". T.. Mulhollan.
of Portland, yesterday filed on Hay
stack rock aud several other rocks on
Clatsop beach just north of Elk creek.
The rocks filed upon are taken under
the terms of the timber and stone act
They are located below the high water
line, and some mystery surrounds the
filings. BY some it is looked upon as
an effort to prevent the slaughter O.
seals and sealions, while Others are o
the opinion that the applicants merely
intend holding the rocks for future
developments. Haystock rock covers
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1905-07-12
Boatbuilding Field Dull.

After prosperous season the boat.
building business has dropped off. and
at the yards Of r. VI. Leathers only
five men are now employed sb. Leath-
ers il finishing two boats for the light.
house department. The boats are for
the Eldridge rock light station. 90 miles
below Skagway, and Mr Leathers Sc.
cured the contract by under bidding a
number Of competitors. Both boats are
copper fastened and viii cost the GOV.
ernment S40j. The keel for copper
fastened cutter for the lighthouse tender
Heather has been laid The cutter will
be ~ feet in length and viii cost S23j.
Two seining skiffs. one for Tallant Grant
and the other for George W. Mcbride,
are nearly finished.
Thus far during the year many boats
have been at Leathers' yards. Thirty
two fish boats, of which l2 we're fitted
with gasoline engines, we're turned out
and two gasoline launches were built.
One OF the launches was so feet and the
other 80 feet in length. Mr.. Leathers
has also done considerable repair work
and has built number of small skiffs.
Orders have been sent to the Astoria
shop from all parts OF the Northwest.
There has also been a slump in the
iron business on the coast, according to
Hon. John Fox, president of the Astoria
Iron Works. Mr.. Fox said yesterday
that things we're quiet at Seattle and
at other coast points,
Periodically the iron manufacturing
business becomes quiet. and we are now
experiencing one of those quiet spells
said Mr.. Fox. "Just at present there is
little boat building on the coast, and
to this fact may be attributed the quiet
condition of Business. We have had
good year, however. but. with the can
merry business cleaned up, our force has
been reduced"
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1905-07-12
"Get The People.
On way to Portland.

Gen. Wilmon w. Blackburn, commaf.
der in chief Of the g. A. r., accompanied
by his wife and her sister will arrive
in Portland on the morning Of the 18th.
On Friday evening grand campfire will
be given by the posts Of Portland in
honor Of General Blackburn.
He will visit the Lewis and Clark ex.
position and will leave for Tacoma on
july II. After visiting the posts at Ia
coma and Seattle General Blackburn
will leave for Shaggy. Alaska. Upon
the completion Of this trip General
Blackburn will have visited every de.
partment Of the 6. A. r.. a feat never
accomplished by previous commander
in chief.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1905-07-12
SALMON RUN SMALL.
Slump is Noticeable. Gillnetters Turn
in Small Catches.

Slump Is Noticeable. Gillnetters Turn
in Small Catches.
The run Of salmon fell of percitably
yesterday and receipts at the various
packing houses were light. On the
previous day receipts had been fairly
good, but yesterday the slump was
quite noticeable. Reports from all see.
,ions we're the same
The gillnetters who reported at the
canneries Yesterday averaged only 200
pounds TO the boat. Some Of the men
brought in as high as 400 pounds. but
this was much above the average. Re.
ports from a Desdamona sands station
showed that the boats reporting there
had turned in an average of less than
100 pounds,
Reports from the traps and seining
grounds were no better, and receipts
from those sources were disappointing.