davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10
Unearth Old British Cannon.
Woodbury. Correspondence Philadelphia

Woodbury. Correspondence Philadelphia
Record
Howard Wilson, one of the men en-
ployed at the Red Bank battle monument
site, yesterday struck hard substance
two feet and half below the surface.
and, summoning help, unearthed six
foot cannon Weighing 700 pounds.
The cannon is of English make. smooth
4-inch bore and has five ribs There are
faint letters on 1t. but they cannot be dis
tinguished. 1t was probably used in the
famous battle at this point in 1777. 1t lay
within only few feet of the battle mon
ument site.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10
Alfalfa 8. Alabama City 8.

Alfalfa, June Especial -Attalla won
easily from Alabama City today. Steven
son held his opponents safe at all stages
of the game. Home runs by Stevenson and
Elliott OF Alfalfa were the features.
Score: Alfalfa s, hits 8. Alabama City 8,
hits g. Batteries. Stevenson and Kyle;
williams and Riley
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10
ON THE RACE TRACK
At LatonIa.

Cincinnati, June 9.-The Kentucky
steeplechase over the club course was
the feature at Latonia today. Port War
den, from the stable of w. Gerst, won
the event from Lights Out. with Man.
ners third. Port Warden and Manners
were coupled in the betting. Red Car
fell and broke a leg and was later de-
stroyed -Four favorites, one second
schoice and two outsiders won. Track
fast.
First race one mile-Dudley. SO (Taylor),
is to l. won; Rubinon, SO (Preston), 10 to
!, second; The Pet, 81 Dryer, 20 to 1,
third. Time, la 2-5.
Second race, five furlongs-Old Hon
esty, 109 (Morris), to /, won; Belle
Scott, 106 Crroxler), 20 to 1, second; Della
Thorpe, log (Aubuchon). to l, third.
Time, LOO 20
Third race. six furlongs-Hazel Thorpe,
81 (Austin) to 5. won; Dutch Barbara,
100 (Robinson), to 2, second; The Clans
man., 81 (Hicks) 80 to l, third. Time,
lib rs.
Fourth race, Kentucky steeplechase
club house course, about one mile and
three-fourths-Port Warden, $50 Henry.
even, won; Lights Out, 152 (Pemberton),
6 to l, second; Manners. 154 (Gaddy),
even. third Time, 1929 2-5
Fifth race. six furlopgs-Lizzie Mclean,
81 (Oregar), u to l, won Capitano, los
tAubuchon) 7 to l, second; Heine, 100 &c.
Rice, to 8, third. Time, 1:14 3-5.
Sixth race, six furlongs-Fortunate, 106
(O'Bert), to 5, won; Roscoe, 109 (Trox-
ler). IS to s, second; Usury, 105 (Aubu-
chon) to l, third. Time. TIA AS.
Seventh race, one mile-The Minks, 105
(Austin), 10 to 5. won Intense, 1O6 (Au-
buchon), 10 to 5, second; EVE Green, SO
tOregar), to 1, third. Time, 1:41 1-5.
Latonla Entries for Monday.
First race selling, seven furlongs-
Weberfields, Mail Box, Mint Bed, Madison
Square Eleata, Arachue, ia; Brigand, st.
Noel Dalesman, Cardinal Wolsey, Jake
Weber. ZIG; Butcher, Bill Carter, Capt.
tano, Stroud, III; Two Penny, 119.
Second race. four and half furlongs-
Vinton, 104 Toulon, Ill; Prytania, Rome,
Mont Alaban.. Stella Land, 0gdenburg,
John Kaufman Prince Ahmed, Roger s.,
Sam Clay, Dull Weber 107
Third race, six furlongs-Tsara, Oasis,
Alma Gardia, go; Banposal, Mill Song, "a;
Lacene, Monte Lucille, 96: linda, 1903; Bell
toone, Agnes Virginia. Ethel Day, bod
Anderson, Folies Bergers, 107; Lady
Carol, 9S; Concert. 106; Monachord, 100.
Fourth race, mile-Joe Coyne, go; OAR
ing. John English, 80; Dutch Barbara, 105;
Mltiades, Cottantown, 95; Ara, ITO; Har-
ny Scott, 1903; Gus Heidorn, 11s.
Fifth race, five furlongs-Marmorean,
102; Wild Violet 1922 Mildren, los; Navarro,
ia; Poster, Belle Scott, 1o5; Billy Yer
trees, Friction, no.
Sixth race, six furlongs, selling-Royal
Legend, Erla Lee Cotillon, 112; Revolt,
Pacifico, Sharp Boy The Only Way. ia:
RIue and Orange 10: WhiDporWill Happy
Jack Double, III Loeb Boil, 119; Keynote,
Clyde, Mohave, Rodolfo. 116
Seventh race, mile and a sixteenth, SELL
ing-Begonia, IS; Evie Green, 9s Daniel
c., Lafayette. j. X. F., "a; Leta Duffy.
95; Uncle James, Tom Roberts, 105; Brand
ley's Pet, TFlorizel The Gadfy, JOY; Bugler,
Juba, 1os; Fonsaluca, Shining Star, Ito.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10
COTTON STATES LEAGUE
Mobile 81. Jackson 10.
MerldIan,2, Baton Rouge o.

Meridian, Miss June 9.-(special Me-
ridlan took the third game of the series
by a lucky combination of two errors by
McCay and Mcmillan in the fifth, follow
ed by two hits and two infield outs. Gas
ton and Brown were the only locals able
to hit Laird, who pitched a great game
after one days rest. Brown CASTOR and
Huder played great baseball for Meridian.
Score by innings: r. He.
Baton Rouge ........ 200 900 000---O 5 3
Meridian ;. ...............O00 020 0O|-2 4 0
Batteries: Laird and Gutierrez; Bruner
and Sample. Umpire, Burke.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10

At the end of the seventh Inning 1t was
again tied and 8. In the ninth Auburn
made one, winning the game by score
of to 3. The game was remarkably free
from errors and was distinguished by
some brilliant work on the part OF both
teams. Batteries: Union Springs, McSwadn
and Leslie; Auburn, Weems and Mcl1e-
more.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10
BASE BALL

Admission Giants versus the famous
Macon, Ca, team at West End park.
Monday, Tuesday and Wednesday.
June IL, IL and 13. Game called 3:45
D. m. These are the two fastest COLI
ored clubs In the south. So don't fab
to see them cross bats.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10

Summary-Two-base hlts-Crosier, Thiel.
Stolen bases-Fox, Plass and Manush.
Sacrifice hits-Evers. Double plays
Nichols to Carey; Nichols to Plass to
Carey First base on balls-Off zeller 3.
off Suggs l. Hit by pitched balls-By Eel
Ter l. by Suggs l. Struck out-By zeller
3, by Suggs 5. Time-1:45. Umpire-Rud-
derham.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10
AMERICAN ASSOCIATION

At Toledo: Toledo, s. Milwaukee, 4.
At Indianapolis: Indianapolis, 10; st.
Paul, 2.
At Louisville; Louisville, IA; Minneapo-
lis, 5.
At Columbus: Columbus. 2; Kansas
City, l.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10
New York 7, Cincinnati 1.

New York June 9.-The New York and
Cincinnati game today was interrupted
by rain In the early part, but the game
was resumed later. With two of the local
team out In the seventh inning the game
was called on account of darkness
Score: R.H e.
Cincinnati -. ....... 200 001 O0-1 8 2
New York.. -. 1870 900 30-7 0
Batteries-Wicker and Schlei Taylor
and Bowerman. Time, 2:30. Umplres Con-
way and O'Day
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10
Cold Deal.

From the Chicago Jews.
There was a time. ma'am' said the
beggar, when had money to burn"
And you burned 1t. suppose?'
mo. ma'am; / lorst It hghtin' the ice
trust"
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10

At Savannah Savannah, 8; Charleston,
2, thirteen innings.
At Columbia: Columbia, 4; Augusta, 2.
At Jacksonville: Jacksonville, 4; Ma
ron q
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10
Eleven Inning Tie.

Menlo, Ca. June 9.--(Special THE Mem
10 team and the Valley Head, Ala. team
played an eleven inning tie game here
this afternoon, the score being to 5.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10
COLLEGE GAMES
Princeton 8. Yale 2,

Princeton, n. j., June 9.-Princeton won
the annual baseball series with Yale today
by taking the second game. 1t was not
until the ninth that Princeton was able
to pull out victory. Score: r. II. e.
Yale =. ....................0 02 600 000-2 1
Princeton :. ........... 900 100 0O2-3 3 l
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10
Dora II, Cordova 6.

Dora, June 9-(Special)-Dora defeated
Cordova at baseball today by score of
II to 6. Batteries: Dora, Willford. Neil
and Alley. Cordova, Leva, Reid and
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10
SEVEN RUNS MADE
IN SINGLE INNING
MEMPHIS BATTERs FIND TELLER
IN THE SEVENTH AND SEND
SEVEN MEN ACROSS THE PLATE.
ATLANTA MAKES 3.

Atlanta, June 9.-Memphis won today
from Atlanta in the seventh inning, bat
ting zeller freely in that inning and
making seven runs. score
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10

Some Of the visiting clubs have received
as their share of the gate receipts in one
game here more than Birndnghams shars
of four games in some other cities
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10

Summary: Left on baIes-Montgomery
5, New Orleans 5. Two base hlts-Knoll,
Perry. Base on balls-Bt Breitensteln l,
by Phillips l. Struck out+By Breitenstein
2, by Phillips 8. Sacrifice hfts-Blake.
Hansen. First base on errors Montgom-
cry l. New Orleans 2. Time, 1:35. Umpire,
Kennedy
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10
AMERICAN LEAGUE
STANDING.
Detroit 7, Boston 6.

Detroit. June 9.-Boston drove Donovan
from the box in the ninth, making the
score a tie, and went ahead In the
eleventh on Parents hit and his dash
from second to the plate on Selbachs
bunt. In her half Detroit Allied the bases
on two infield hits and pass and won
on Coughlin's single to left.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10
eravesend Entries for Monday.

First race, about six furlongs, selling
Keator Ill; Mamie Hodge, 100; Stimulant,
1W Sovereign, Escutcheon, 106; Right and
True, Thespian, 104; Little Woods, Rem
ault, Blytheness, 101; Sufficiency 1905
Rice, Bellestrome, Emergency, SO; Frit-
chic, Water Tank, Sterling, 81; Stole, 81;
Cassandra, Mark NEEDLE, so.
Second, steeplechase handicap, about
two and half mile-Dromedary, 1871;
Knight of Elway, 147; Mamie H., 143; Orc,
1885, FL Cuchillo, 1885, La Dansada, 1875.
Third race, handicap, mile and fur
1ong-Phil Finch, Content, 112; Masaniello,
112; Grenade, Ill; Ostrich, 1O7; Ceder-
strome Just So, los; Samson, Oliver Crom-
well, 102; Red F'riar, Old Faithful, Bulls
Eye, 100; Lotawanna, 95; Priority 81
Fourth race, the Bedford selling, five
furlongs-Master Lester, 1903; Botanist
Pierrot, Red River Acrobat, 100; Berke-
ley, Bay Twig, Solly M, Oraculum, Hoot
Mon, 81; Clare Russell, SO: Census, Net
tie Care, Harvey Wilson, "a.
Fifth race mile and sixteenth. selling
Memories, 104; Our Sister, 1903; Leila, 1o1;
Jennie McCabe 80; Palette. Don't Ask
ME, Edith James, 80; Tipping, 95; Janeta,
Lady Ellison, "a; Ocean Spray, Sc; Lady
Georgia, "a.
Sixth race, five furlongs-Curriculum
119; Arimo, lis; Bat Masterson, 10; Foun-
tain Blue, Oraculum Belfast, Belstrong,
107; George S. Davis, Jersey Lady, Ellis
dale, Lad of Langdon, Cyclops, Morello
IL, l04; Anna c., Billston Boy, Bell of
the South, Adalbert Belle Killie CranlSie,
G.. A. Ham, 101.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10

Summary. Double plyas-Pearson to
Frary; Anderson to Hickey: Douglas to
DeArmbnd Left on bases-Nashville I,
Little Rock Z. Struck out--Herman 2.
Brady B. Bases on ba1ls-Brady 2. Stolen
bases lansing, Bohannon, F'rary. Sacri-
fee hib-Frary Castro, DeArmond. Time.
1:24. Umpire, Buckley.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10

The present season so far has been a
successful one financially for the local
club The receipts to date exceed by sew
eral thousand dollars the receipts for last
year up to the same date.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10

Carlos Smith left last might for home
where he will spend Sunday and will
Join the team in Memphis Monday on
their way to Little Rock.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10

FOR SALE - Five frame
cottages on site Illinois Gen.
trail proposed depst. w. B.
LEEDY e co.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10
HERMAN SHUTSOUT
LITTLE RICK SQUAD
NASHVILLE BUNHES HITS AND
MAKES THREE RUNS IN FIFTH.
ALLEMANG IS RELEASED BY
NASHVILLE.

Nashville, June Herman was very
effective today, baking the visitors. AL
lemang has been pleased by Nashville.
Saore.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10
HV6 .
STOMACH BITTERS

at some time or other. II sickly, to
make her well, and If well to keep her
80. It cures Female Ills, Cramps.
Baekache, Dyspepsia, Indigestion or
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10
MQR e II llMEaA AoG14uI

An nfabIe remedy Tor the cure OF Dug Habits o all kinda
Sent postpaid SO per BOTTLE Mophna- cur Is prepared
for HyPodermic internal use. Delta Chem. Co.. ST. Lous
For sale by all Birmingham druggists.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10

Horseshoe Smith accounted for Bir-
minghams victory Friday by the state
ment that Friday morning he found a
rusty hairpn and q nickel. He said after
that I'VE Just couldn't lose"
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10
new ORLEANS WINS
ON FEWEST HITS
ALL RUNS IN GAME AT MolTGoM-
cry MADE IN THE LAST IWo IN
NlNGs-soLoNs MAKE THREE
ERRORS.

Montgomery. June 9.-New Dreams won
an exciting game from Montgomery.
esoora.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10
Harvard 4, Pennsylvania o.

| Cambridge, Mass, June 9.--Harvard
shut out Pennsylvania today. Score:
r. HE.
| Harvard :. .............. 900 102 01~-4 0
| Pennsylvania >. ........ 900 600 000-0 4 2
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10

1t Ia hardly probable that Little Rock
will find the Barons such easy picking
this time as ON the previous trip.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10

second; .superman, 125 (o'NeilD. . to s..
third. Time, 1:01.
Occupied.
Fourth race the Broadway stakes, mile
and ixteenth-Ormondale, 12O (Miller)
IS to s, won; whimsical, 105 (Notter) 7
to 10, second; Flip FLAP. 105 (Balrd), 8
to /, third. Time LAS 3-5.
Fifth race, about six furlongs-Halif
125 SHAW, 3 to l, won; Bohemia, % (Not-
teri, 10 to /, second; Prince Hamburg, 125
dyne), to /, third. Time, no. 20.
Sixth race selling, five furlongs-Sr
Toduington, 102 q. Hennessy), to l, won;
Communipay, 102 Baird, so to 1. second;
Bay Twig. 80 CWalsh) 10 to 1, third Time,
1:01 2-5
Seventh race, selling, five furlongs-The
Belle of Brighton, 81 (RusselD, to /, won;
Russell T., 1903 (Burns), to l, second;
Carriers, 80 Baird, to 1, third. Time,
1;O2 %,
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10
Chicago 2, Brooklyn o.

Brooklyn. June 9.-The Chicago team
played its first game of the season here
today and shut out the locals. Score:
R.H e.
Chicago... -. ........ 200 200 OO0-2 s /
Brooklyn. ..... ........ 900 900 OOo-0 2
Batteries-Reulbach and Killing; Stricl-
lett and Bergen. Time. 2:05. Umpire, John
stone.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10
New York 2, CHICAGO |

Chicago. June 9.--Chicago punched their
hits in the sixth, but could not overcome
New York's lead. Score: R.H.E.
Chicago ..................0 900 001 000-1 8 O
New York ................00 1 001 O00--2 8 o
Batteries: Altrock and Sullivan; Clark
son and Kleinow. Time. 1857. Umpire,
Sheridan.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10
BASEBALL RREVITIES
A day of rest
Then to the west.

Tho league meeting was held behind
closed doors.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10

A more favorable trip is predicted for
the Barons this time.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10

Blrmingham's contention for 5000 SAL
airy limit for fourteen players is now be-
ing justified. General dissatisfaction has
been expressed in other places with this,
existing limit, which prevents clubs liv-'
ing UP to tho limit If they get good play
ers.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10
4 W0MAN'S HEALTH

can best be safe guarded by an occa-
sional dose of Hostetter's Stomach Bit
tiers. 1t is especially compounded for
such ailments as the sex is subject to
and Is backed by So years record
Of cures of same. Every woman needs
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10
R.H.E
Philadelphia 2, ST. Louis o.

st. Louis. June with every break in
luck against him and thereby losing his
game Glade pitched\ great ball against
Philadelphia today. Score: R.H.E.
st. Louis .................00 900 900 600 5 2
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10

Cleveland, June 9.-Cleveland defeated
Washington. scoring its three runs on
errors by Smith and schlafiy in the first
inning. Score: R.H.E.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10
SOUTH ATLANTIC LEAGUE

vicksburg, 2; Gulfport, D
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-10

Batteries: Glade and O'Connor; Plank
and Powers. Time. AS Umpires, Evans
and Connolly
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-09
ORDINANCE NO. 112.
Or Ordinance for the Licensing CT
Games and Gambling Devices in

Or Ordinance for the Licensing ct
Games and Gambling Devices in
Carson City.
The Board of Trustees of Carson
City do ordain:
Section 1. Each and every person.
citation within the limits of Carson
City, who shall carry on as agenr,
manager, owner or proprietor, any
game of faro, roulette, rondo, keno,
or any other game not prohibited by
the statutes of the State of Nevada,
or who shall carry on or operate any
in-the-slot-machine, or who
shall carry on or conduct any bank
ing game played with cards, dice or
other device, whether the same be
played with money. checks, credit or
any other valuable thing or repre-
sentative of value. shall pay for and
obtain a city license to carry on such
game, and shall pay or each license
twenty-five dollars ($25.00) per month
provided that when more than one
of said games are carried on in the
| same room or apartment, whether
by the same or different owners, eacn
game so carried On shall be separate
ly licensed; and provided further,
| that the license imposed by this Or
| dinance is for the revenue only, ami
not for the purpose CT prohibition,
suppression or regulation.
| Section 2. The provisions of this
Ordinance shall apply to all time
on and after October 1, 1905.
Section g. Ordinance Number 50
and all other ordinances or parts of
Ordinances in so far as they conflict
with the provisions of this Ordi-
| nance are herby repealed
President of the Board of City Trus-
tees of Carson City, Nevada.
Attest:
H. B. Van Etten, Clerk.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-09
Notice Of Application for Permission
to Appropriate the Public Waters Of
the State Of Nevada.

Notice is hereby & iveH that on tbs
18th day of Sept, 1905, in accordance
with Section %, Chapter XLVI, of the
Statutes of 1905. one Philip V. Mighels
and Frank l.. Wildes Of Carson,
County Of Ormsby and State of Ne
vada, made application to the State
Engineer of Nevada for permission 70
appropriate the public waters of the
State of Nevada. Such application to
be made from Ash Canyon creek at
points in N e n Of S w v Of section
10 T Is n r - E by means Of dam
and headgate and i've cubic feet per
second is to be conveyed to points
in N e n Of 8 w N Of section IL,
T Is N r 10 E., by means Of a fume
and pipe and there used to generate
electrical power. The construction
of said works shall begin before June
1, 1906, and shall be completed on n
before June 1, 1907. The water shall
be actually applied to beneficial use
on or before June 1, 1903.
Signed:
HEn-.Y THURTEIL,
State Engineer.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-09

of the suit, because plaintiff had failed
to prove defendants to have been IN
default
Should defendants hereafter refuse
to permit plaintiff to take sand in ac-
cordance witt the contract as stated
in the said finding, il may be that
plaintiff would have his action to en-
force said contract; for then it may be
that he could allege not only a con.
tract to take the sand but also breach
thereof by defendants But as the
case now stands here there is no
breach of such contract either alag
ed in the complaint or proved by the
evidence.
Therefore finding no error in refer
ence to either the judgment or the or.
der appealed from, l think said judg-
ment and the said order should be
affirmed.
Fitzgerald, c. j.
Filed Dec 18th, 1905.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-09

The sand is . part of the land for
which plaintiff seeks deed in his COM
plant, the same as ore, marble or
stone before removal is a part Of the
reality.
State ". Bergman, New 268
Kingsley ". Holbrook, As N. H. 319.
Stevenson v. Bachrack, 10 Ill. 256
State " Pottmeyer, 33 Ind. 4O2.
Garry " Daniels, 8 Metc. 48O.
Lux. v. Haggin, So Cal. 255.
Blackstone Com. IS.
Lime Rock r. X. Co. v. Farnsworth,
Sc Me. 13O
=, The defendants we're aware that the
plaintiff demanded conveyance of the
whole of the land, and they could have
avoided costs by rendering a deed fo-
that part of it comprising the san l,
and the right of its removal. in the
same way that immunity from costs
may be secured by an offer TO allow
judgment for less sum or estate, or
for smaller quantity of land or per
sonal property than that demanded IN
the complaint
In Schrader " Gemeinder. Justice
Hawley, speaking for this court SAID I:
I'VE are satisfied that the objection
urged upon the ground that the premi-
ses described in the deed were not
the same as described in the lease IS
not well taken for the reason that
no such objection was made at the
time the deed was presented If that
was the only objection respondent
ought to have so stated at the time
of the tender. But in any view this
objection could only be urged upon a
question of costs and not to defeat ap-
pellants rights. Courts of equity
ought to determine the rights of the
parties according to the broad princi
pies ofsjustice and fair dealing, AMI
not by the technical and refined dis
tinctions of the law"
This judgment and order are re-
versed, and the district court is direct
ed to decree the execution on the part
OF the defendants of the proper dee !
conveying to the plaintiff the sand on
the premises described in this com
plant and the exclusive right to e
move the same, to which he is entitled
as shown by the uncontradicied evil
dence and findings with his costs. II
the proper memorandum thereof is
filed within two days after the entry
of the decree under the usual pracuice
and Sec. 1881. Pursuant to the mo-
ton of respondents the items of ex
pense in the lower court are stricken
out of the cost billed here. but the
reporters fees of $500 for trans
cribing notes or the records on appeal
and the cost of typewriting briefs are
allowed to stand under Rule vi, an
hn tcio in thn RI
Gambler V. Ditch Co.
Talbot. ].
[ concur: