davidaulloa/AmericanStories huggingface dataset:
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-28
AN INSURANCE
DECISION
Supreme Court Holds That stipula.
ton in Policy for Settlement By
Agreement is q Valid One.

In the Supreme Court, State Of
North Dakota, September, 1905, Term.
L. A. Leu, respondent. VS.. The Com
mercial Mutual Fire Insurance COM
pany of North Dakota, appellant
l. A stipulation in a fire insurance
policy to the effect that in case of loss
the insurer should be liable only for
such an amount as should be- deter
mined by agreement of the parties OF
by appraisers to be selected in a spe-
Gifted manner, and making such deter
mination condition precedent to an
action by the insured to recover, is a
valid agreement, and does not violate
the rule expressed by Section 1925,
Revised Codes OF 1899.
2. In an action to recover on a pol
icy containing the stipulation set forth
In the foregoing syllabus, the COM
plant is insufficient If it does not al
lege that the amount of loss has been
determined by agreement or appraise.
ment, or show that these provisions
had been waived or otherwise rendered
imperative.
3. Although the determination of the
amount of loss by agreement or arbi-
tration is a condition precedent to the
plaintiffs right of action 1t is not such
a condition precedent as may be suf-.
ficiehtly alleged in, the general form
provided in Section 1886, Revised Code
of 1899.
Syllabus by the Court.
Appeal from an order Of the district
court of Wells county; s. L. Glaspell.
Judge.
G. A. Bangs, for appellant. !,
J. J. Youngb1ood, for respondent.
Action by plaintiff to recover five
hundred dollars on policy of insur-
ance on stock of merchandise. De-
! PENDANT demurred to the complaint,
which demurrer was over-ruled and
from the order over-ruling the demur-
rer defendant appeals.
Opinion by Engerud. judge. Order
reversed and the district court will he
directed to enter an order sustaining
the demurrer. II
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-28
NEWS AND NOTES OF SPORT.

Speaking Of the trade whereby Vic
Willis goes to Pittsburg, McGraw Of
the New York Giants said: "a few
more trades like that and the Boston
team will be in the New England
league, where It belongs"
The team of the University of Penn
sylyania and Haverford college in the
intercollegiate bowling league meet at
Philadelphia tonight.
Arlie Latham is to manage and play.
first base for the Jacksonville, Fla,
team this season.
1t is said that Dummy" Joy is the
Croesus of the baseball world. Invest.
ments in Ohio oil lands have brought
him 100000.
From the baseball field to Wall
streetts the journey Dave Fultz has
made. The ex-Highlander has opened
law Office near the New York ex-
change.
Word comes from Ell Paso that
Frank Selee is at the head of q move
ment to organize new ball league in
the Southwest to take in Ell Paso,
Santa Fe, Las Vegas, albuquerque and
several other places.
Los Angeles from now on will set
u hot pace for San Francisco in bid
ding for fights. ii
The northwest is fast coming to the
front in athletics. In Vancouver a
local athletic club will next month
], open new $4,000 clubhouse.
kid Herman will challenge the.
winner Of the Nelson MEG Govern fight
to be decided in Philadelphia two
weeks hence. !.
In London they say there is only one,
wrestler and his hame is Hacken-
schmidt. The rest are in the also
class
Sysonby has the distinction of be-
ing the favorite in the future books
for the Brighton, Suburban and Brook
lyn Shandicaps, at odds of 5 to 1.
s. The national figure skating cham
pions are to be decided tomorrow night
at the St Nicholas rink in New York
: city. Il .5st 81 E 4,
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-28
WILL ISSUE 5000 MILE BOOKS.
Passenger Officials Say Travelling Men
Are Shorted Sighted in Request.

Then the committee of the United
Commercial Travellers of this jurisdic-
ton present request for the. issu-
ance of 5,000-mile mileage book at a
meeting of the Western Passenger as
ISOLATION to be held in Chicago March
8, 1t is not expected that the passenger
men will make and objections to the
proposition. Some of the passenger
officials Of the local roads. which be-
long to the association said yesterday
that they,are willing to give the trav-
cling men what they want, but failed
to see where the travelling men are to
profit to any extent by the change.
The travelling men are kicking be-
cause they have $50 tied up in 1000
mileage book" said q passenger on
cial recently. If the get 5000 mile
age book they will have 800 tied up.
1t seems to me that the travelling men
are not consistent in their demands.
The issuance of a 5000 mileage book
will be q benefit to, the railroads In
that 1t will prevent the possibility of it
being handled by scalpers. But very
few men who are anxious to travel on
a scalper's transportation will be will
ing to invest SO much money in 5000
mileage book
Il fail to see how the travelling men
are SO much concerned about the
proposition anyway. The firms for
whom they work are the ones who pay
the fares Any money the travelling
men may pay in transportation ia. COW
cred in the expense account they turn
in to their employers. The employers
are not complaining against the pres
ent mileage book"
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-28
!. .RA|l.RO|||A|||Ds
RAISE BERTH RATES i
Proposition Made to Solve st. Paul
Chicago Difficulty.

Proposition Made to Solve st. Paul.
Chicago Difficulty.
Songs Of war among the st. PAUL.
Chicago lines on account Of the tourist
car problem have disappeared for the
present The question is not settled
by any means. but the railroad officials
believe It o better policy to pursue a
quiet course than to precipitate a rate
cutting war, which might result In a
decentralization Of the regular passen-,
ger business between st. Paul and Chi,
cago INK 81
The railroads are now waiting to see
what the Pullman company will do.
about adjusting berth rates between
Chicago and st. Paul and the other
gateways to the west, Omaha and Kan
sas CiSy. The association has made a
proposition to the company that 1t fix
the ID ah rates in such manner that
all roads may be on a level In regard
to the, handling of the colonist busi-
ness. 1t is within the power of the
Pullman company to fix any charge
1t wishes and make 1t so the tourist
service will not affect the standard
business. It is believed in railroad
circles that this will be the most salts
factory solution Of the problem. The
Pullman company has 9 contract with
the roads on which it operates sleep
ers that all shall be on par.
It is said that the ultimate result
will be that the Pullman company will
be that the Pullman company will
charge 81 on the tourist cars between
St Paul and Chicago, making the same
charge as for accommodations on the
standard car. The Burlington, how
ever. will have the advantage that ac-
crues to a through service. The other
roads are not worrying great deal
over that, for they believe there will
be enough business to keep them ill
busy.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-28
PIGS TO PULL THE PLOW.
Have the Homipg Instinct and Are
Nice In Their Vegetable Diet.

In Scotland the pig has served the
purpose of a beast of draft and has
actually been harnessed to the plow
in company with cows and horses. In
Scotland also early in the last century
pigs were sometimes made to serve as
chargers and proved most doeile
mounts.
The homing instinct is strongly de-
yeloped in the pig. Instances not in
frequently occur of pigs finding their
way back to farms whence they have
been conveyed. There is a record of
two pigs homing nine miles and cross
ing the Thames.-tO boot to their old
farm whence they had been driven to
Reading market and bought on the
previous day. AT one point on their
hOmeward journey where two roads
met the twain were observed putting
their noses together as If in deed con-
sultation"
About 1915 London gentleman Gre
ated sensation by driving .four-in-
hand Of pigs through the streets, and
80 years later an old farmer caused
amusement to a great crowd in the
market place at st. Adams by entering
it in a chaise drawn by four trotting
pigs.
3 There have also been sporting pigs.
An old~account Of a black SOW which
Richard Toomer, one OF the royal keep
Sers in the. New Forest, broke to find
game and to. back and stand. Says he:
within q fortnight she would find and
point parridges or rabbits and her
training was much forwarded by the
abundance of both. She daily improyz
ed and in a few weeks would retrieve
birds that had run as we'll as the best
pointer. and her nose was superior to
the best pointer" 5s
According to Linnaeus, "tfie hog is
more nice in the selection of his veg
etable diet than any of our other do;
mestitated herbivorous animals" Thus
in one respect the pig may be said to
he an epfcure. Linnaeus says that the
animal will eat only ~ plants, rs
against the goats 449. the Sleeps 3s7,3
the cows 276 and the horses 262.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-28
4 Model Witness.

The Opposing Counsel-What is your
name?
The Witness appealing to the
Judge)-Am obliged to answer this?
The Judge-You are.
The Witness-My name is Todgers.
First name?"
Il decline to answer
''On what ground?"
1T would be construed into a re-
Election on the good taste of my par
ents."
Where were you born?"
II decline to answer"
"Why?"
Because all my information on the
subject us of the hearsay character"
But were you there at the time?"
II decline to admit it,"
What is your age?"
Before answering desire to con-
suit with my attorneys"
What is your ostensible business?"
Il do not remember"
Are you in any way connected with
the Ramrod Trust?"
Il do not remember"
What it's capitalization?
II do not remember"
What is your salary?"
II do not remember"
Are you married?"
II do not remember"
The Judge-The hearing will now
be adjourned until 10 o'clock tomor-
row morning. And want to congrat-
ulate the opposing counsel on the
marked progress they have made in
advancing the case.-Cleveland Plain
Dealer.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-28
WORLDS OLDEST INDUSTRY.
Salt Diving in the, Dead Sea Survival
of Ancient Industry,

49, - - L
There are in the Holy Land but
few industries and these of the most
primitive. kind" says w. G. Fitz-Gerald
in his article, Diving for Salt in the
Dead Sea-" in the Technical World
Magazine. 'The awful desolation Of
the Dead, SPA, however. which lies
nearly thirteen hundred feet below the
level of the Mediterranean. is broken
here and there by the salt divers,
whose work is probably as ancient as
the human race itself. From remotest
antiquity the salt of the Dead sea has
been collected and brought to the Jer-
usalem market, where it is used for,
curing hides and for domestic pur-
poses. s.si
Dead sea water contains over %
per cent, Of solid substances, of which
q per cent is chloride Of sodium. or
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-28
Two Cents o Pound.

Well have n new tea kettle, wife,
When copper Is
Two cents a pound.
We'll have q boiler, bet your life,
When copper is
TWO cents a pound.
Well have trolley by the door,
The price of phones will tumble lower,
And tin and zinc will be no more
When copper is
Two cents pound.
Well have more pennies for to blow"
When copper is
TWO cents q pound.
We'll have more "coppers" on the row
When copper Is
TWO cents Il pound.
Our strings will all be copper wire,
We'll have a pull. or I'm liar,
That all the world will quite admire,
When copper is
Two cents a pound.
Wen pave the streets with copper
bricks
When copper is
Two cents q pound.
No more for houses stones or sticks
Take off your hat to this event
This copperpated Boston gent
We'll have Sir Tom for President
When copper is
Two cents a pound.
Joe Cone in New York Sun.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-28
.LADD INSTRUC7S.
MANUFACTURERS
OF PAINTS
Products Shipped Into North
Dakota Must Be Properly
Labeled.

Especial to The Evening Times.l
Fargo, Feb. 28.-The North Dakota
paint law has been declared constitu-
tional and valid. This decision was
rendered February "a by Judge Ami
don of the United States District Court.
The paint law is therefore, now, in
force and 1t is expected that the mai
ufacturers and jobbers who ship paints
into the state from this time on will,
comply with the requirements of the
same. and label the products where
such labels are found necessary.
We ask that manufacturers and job
bers who now have paint in the state
take steps to have the same properly
labelled and>in order to tide over the
present conditions we allow, for such
paints, an exemption until April LIST,
1906, so that suitable labels may be
prepared and furnished to the dealers.
This department stands ready and
willing to give every assistance posi-
BILE to those who are interested and
desire our aid. A label in form like the
following will, by this department, be
deemed as complying with the spirit
of the law:
THE BASIS OF THIS PAINT IS
COMPOSED OF
4: Per Cent.
White Lead. >. :. ..1S
Zinc Oxide. -. .35
Barytes.. ..25
I: Calcium Carbonate ..22
4: Together with the necessary col
oring matter to produce the de- !:
8: sired tint.
1t is assumed, Of course, in the above.
that the coloring matter, when so Ia
belled, is a product which is CONNER
cially pure. The liquid portion should
also be labelled where necessary in Or
der to show the proper ingredients.
Waters when present in quantities not
to exceed 1.5 per cent, may be consjd-
erred as incidental. Where western
zines are used that do not carry more
than five per cent of lead sulphate, the
same may be properly considered rs
commercial, zinc oxide or the term,
Western Zinc" might be employed.
The terms "Leaded Zinc" and Sub
lined White Lead" will be deemed as
sufficient designation of these ingrea-
tents on the label.
(Signed) E. F. LADD,
Feb. rs, '06. Commissioner.
.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-28

earth?' Father, 1 want to make the
Italians industrious. the Americans
quiet, the Swiss romantic, and Roman
Catholic rational, and the English Par
lament honest-and can't do any
thing and don't understand what
was born for.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-28
JUDGE FISK AFFIRMED.

! Case of Robertson Against Noses and.
Wylie Decided by Supreme Court.
The supreme court has handed down
an opinion in the case Of James Rob
ertson against William Moses and
Joseph Nj. Wylie, from Grand Forks
county, which was an action by plain
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-28

"a man never loves another for the
/ enemies he has made II he happens
!. to be one of them. &
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-28

Read The Evening Times wants.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-28
STATE BUTTERMAKERs.
Annual Meeting q State Dairymen's
Association at jamestown.

The annual meeting Of the North
Dakota State Dairymen's association
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-28

When q widow makes up her mind
to marry again her mite is mighty.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-28

ANON, THE TAILOR, OVER sTANcH-
fields, takes orders for SUITS from
$l3 up; perfect ft Guaranteed: give
me trial. Anon, the Tailor.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-28
MISCELLANEOUS WANTS.

WANTED-wILL PAY s CENTS a
P Rpa GI hor clean cotton rags Call ct
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-28
OFFICE FIXTURES.

THE EVENING TIMES HANDIDal
all kinds of Office and bank fxture0
and supplies and wants to figure
With you.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-28
FOR SALE
ROOM AND BOARD.

WAMTED--BoARR AND ROOM IN
private family; good accommodations.
COW entences;. will pay good price:
references. Address, Ad. ~" Even.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-28

The republicans of Illinois have de-
cided to hold their state nominating
convention at Springfield, May IA.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-02-28

Congressman, Abraham L. Brick of
the Thirteenth Indiana district is 10
be opposed for denomination by Aaron
Jones, the head of the National Grange
and a lively campaign is expected.
The Yale expositor. (Yale, St. Clair County, Mich.) 1894-current, 1906-05-25
A LAND OF OPPORTUNITIES.
Inducements Held Out by Western
Canada Are Powerful.


A recent number of the Winnipeg
(Manitoba) Free Press contains an
excellent article on the prospects in
Western Canada, a portion Of which
we are pleased to reproduce.
The agents of the Canadian Gov
eminent, located at different centres
in the States, will be pleased to give
any further information as to rates,
and how to reach these lands.
Gust now there is a keener inter-
est than ever before on the part OF
the outside world, in regard to the
claims of the Canadian West as field
Of settlement. At no previous time
has there been such a rush of immi-
grafton, and the amount of informa-
ton distributed broadcast is unprece-
dentedly great.
"In the majority Of the States OF
the Union and in Great Britain the
opportunities for home-making and
achieving OF even a modest compe-
tence are at the best limited. More
over, according to the social and in
dustrial conditions prevalent in those
communities, the future holds out no
promise of better things. 1t is not
strange, then, that energetic young
men should turn their eyes to Can
ada's great wheat belt, where every
man can pursue fortune without the
hindrance of any discouraging handi'
cap.
1.-The inducements held out by West
ern Canada are powerful and made
manifest by the great movement now
in progress. That the prospects are
considerably more than reasonably
certain is borne out by the history of
the country and its residents. The
promise of gain is powerful, but when
added to it there is the prospect of
corresponding social and civil eleva
ton, it should prove irresistible to
young men Of a particularly desirable
class for any new country.
"The Canadian West is alive with
opportunities for the young man who
aims at becoming more than a mere
atom in the civil and national fabric.
Some of the eager young fellows who
arrive on the prairies daily are des-
tined to become more than merely
prosperous farmers. In the near fu-
ture great municipal and provincial
development will be in the hands of
the people. The stepping stone to
both financial prosperity and civil
prominence is, and will be, the farm.
For every professional opening there
are hundreds of agricultural openings.
The Canadian prairies are teeming
with opportunities for the honest and
industrious of all classes, but they
are specially inviting to the ambitious
young man who seeks a field for the
energy and ability which he feels in.
herent within him. The familiar cry
of Back to the soil." is more than
a vain sounding phrase when applied
to Western Canada"
The Yale expositor. (Yale, St. Clair County, Mich.) 1894-current, 1906-05-25
"It Is a Knockout. "

Now they reach the Alameda, the
plaza is filed with people. In the mid
die, upon the platform, Pedro Gomez,
the most favored leader south of the
Rio Grande, waves his baton, and his
military band play in a manner that
no capital need be ashamed of. Much
of the music is local or Spanish-a
bright fandango or more sober
polka-a national tune or some air
unknown to foreign ears, but which
has a pleasant ring when executed by
well-drilled Mexican musicians.
Dora is delighted; her feet keep time
to the music, and she huns the airs
as though they are quite familiar to
her Given the opportunity, she
would dance in a minute.
Bob has had his eyes about him.
He feels uneasy.
There is something in the strange.
weird music, the crowds of dark-faced
people, and the very atmosphere, that
seems to warn him that danger is
afoot-enemies lowering near. He
does not imagine the fact. but knows
that evil eyes are upon them all the
while.
So Colonel Bob, always ready.
keeps his right arm free, and much
of the time his hand is upon a weap-
on which he can draw in an instant.
with more speed than the average
man, for a sheriff in a Western state
has to be a man who can shoot while
the desperate across the room is
drawing back the hammer.
And on this night, on the Alamo.
da, is formed the compact against
the two comrades-men meet Senior
Lopez, and shake his hand, receiving
money, in some cases, and always a
sign that is to mark them as mem
bers of the clique, or league.
More than once desperate men,
armed with the national knife, the
cuchillo, haunt the footsteps of the
two Americans, anxious TO earn the
rich reward offered; for the Mexican
senior. having been baffled so many
times in his efforts to make Pauline
prisoner, so that he may force her
to sign away her rights with regard
to the great Eel Dorado Mine, and al
ways through the fundamentally of
these men, has descended the scale,
and sunk all respect for his honor.
He realizes that he will never be al.
lowed to do his will so long as the
Americans are alive; hence they must
bite the dust.
The Yale expositor. (Yale, St. Clair County, Mich.) 1894-current, 1906-05-25
HEAD HUNTERS OF FORMoSA
Like the Dyaks of Borneo, They Have
an Unpleasant Mania for
Decapitation.

The mountainous interior of For
mosa is inhabited by race of blood
thirsty savages, whose chief delight
is to sally forth on head hunting raids.
Few strangers (the exceptions being
some intrepid Japanese explorers
have ever penetrated far into the wild
mountain country which is the home
of these savages.
They appear to be akin to the Dyaks
of Borneo, says Macmillan's, but no
definite study of their language or
habits has yet been made, though IN.
teresting details will be found in
Consul Davidson's voluminous book
on Formosa. For hundreds of years
the tribes, eight in number, have
withstood their enemies, who have
never been able to penetrate to their
Businesses. 1t remains to be seen
what success the more systematic jap
anese will achieve.
II seems almost incredible that the
station of a military force should not
be safe from the raids of these head
hunters, but IL was the case few
years ago. At that time one of the
tribes crept in the night upon a post
Of the japanese and made off with a
score of heads.
Their more usual method is to stalk
the Chinese OF either sex when they
are engaged in tea picking. The saw
age creeps up unobserved to lis vic
tim, transfixes him with his spear, Sc
cures his head and is lost In a moment
In the neighboring Jungle
The Yale expositor. (Yale, St. Clair County, Mich.) 1894-current, 1906-05-25
n 7|ftpSss, 5! R 2ag 9gsE

with that bad, wicked Professor
john" she says.
Bob chuckles.
81 thought you were quite taken
with that individual at one time" he
remarks.
"Oh, that was before | found out
what wretch he is. II he dares to
even look at me again. I'll tear his
hair Quit" and at this Bob roars again
and again.
Apparently you don't know that
the professor wears a wig, my dear
girl But don't worry your poor lit
tie head about the matter. Your own
Bob is able to manage that monster
of science. I'm waiting for the
chance to come when we can meet
face to face. He will make himself
scarce, If he's a wise man."
They issue forth, and are soon
merged into the crowd that is on the
flood-tide now, to ebb later on. when
the music is over. Already the open
air concert has begun. 1t is night Of
nights, when Pedro Gomez, the leader
of the band, has promised to Guido all
previous efforts. and give a program
to please the most exacting.
II thought l saw Senior Lopez" re-
marks Pauline.
"Alone?"
"Juanita was with him, that strange
girl, in whom the good and evil seem
struggling for the mastery. l should
fear her, perhaps, under the circum.
stances, but something seems to pre-
vent me. Where | should hate, am
forced to love"
These strange words annoy Dick
somewhat. He ponders over them
again and again, as if he would en-
deavor to see what influences cause
such an expression. but it battles him.
More than once he appears about to
grasp the shadowy substance, but it
seems to melt away in thin air, and
he feels as though he had been ehas-
ing a will-o'the-wisp across some deep
vale or country churchyard.