davidaulloa/AmericanStories huggingface dataset:
The Richmond palladium. (Richmond, Ind.) 1906-1907, 1906-09-26

Miss Alice Hapgood who has been
the guest of friends at Earlham, re
turned to her home in Pittsburg yes
terday.
The Richmond palladium. (Richmond, Ind.) 1906-1907, 1906-09-26

Mrs. Fred Cochran and Daughtel
have left for Newark, n. J. and New
York City to visit relatives.
The Richmond palladium. (Richmond, Ind.) 1906-1907, 1906-09-26

The city and the Philadelphia syn
dictate which bought the Ratliff farm
north of the city for town lots, are
expected to lock horns over the plat
ting of the district.
The Richmond palladium. (Richmond, Ind.) 1906-1907, 1906-09-26

'Phone or write a card to the PalIa-
dunn of the little piece of news your
neighbor told you and get your name
in the news "tip" contest for this
week.
The Richmond palladium. (Richmond, Ind.) 1906-1907, 1906-09-26

The grand and petit juries have
The Richmond palladium. (Richmond, Ind.) 1906-1907, 1906-09-26
THE CITY IN BRIEF

A new restaurant has opened up on
Main st. near Fifteenth.
Fall millinery diab)6y at Miss kus-
tins, Wescott Hotel. o-2t
telephone the RiGbbhond Steam
Laundry to get your laundry- II
DR.. ], NJ Bulla hs removed from
North 9th street - northwest corner
of North Sth anu A streets, the old DR..
Hibberd property. 2l-u
Otto Bertram has filed notice of his
election, to take over the estate OF
his wife Mary Bertram.
Fall millinery dfD16y at Miss Aus
tins, Wescott HotN. 2o-2t
The Richmond palladium. (Richmond, Ind.) 1906-1907, 1906-09-26

been drawn, but as customary, the
names will not be given out until the
juries have been ogdered TO court
The Richmond palladium. (Richmond, Ind.) 1906-1907, 1906-09-26

Mrs. C. A. Brehm, IS North 9th St.
cordially invites the ladies to call and
see the pattern display of fall milIin-
cry, Tuesday and Wednesday. open
every evening. So-Nt'
The Richmond palladium. (Richmond, Ind.) 1906-1907, 1906-09-26

The men who will oil National Nv
enue will arrive in the city frQbH Gin
cinnati in the course of a days.
The Richmond palladium. (Richmond, Ind.) 1906-1907, 1906-09-26

King Solomons Chapter No. VIII
have work in Mark Masters degree
on seven candidates Friday evening
Lunch will be served after work.
The Richmond palladium. (Richmond, Ind.) 1906-1907, 1906-09-26

telephone the RiRhond $;
Laundry to get your laundry -
The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-12-08
CONTINUED from first paSe.)
G:JoREME COURT DECISION.
3peal is taken.

ppeal is taken.
TO sustain the judgment respon-
dents counsel make, if we correctly
gather them from their brief, many
points of objection to the complaint.
/. That the plaintiffs do not al
lege that said purchase depended up
on the abstract that was to be after
wards furnished to them Dy
said defendants. or that SAID ~ base
in any way depended upon what said
abstract might disclose
without going into an elaborate
analysis of the allegation CT this
point, we deem il sufficient 20 L"
the assault Of a general demurrer:
and whether it was sufficient to repal
special demurrer on the ground
stated is not before is for determina-
ton.
:. Counsers second point is that
sad complaint does NOT allege that
said abs;ract was to De made from
the time Of the issuing Of the patent
by, the L. s. nor from any particular
date, tire. or conveyance"
We think this allegation is sufTi-
cient. 1t required defendants to furn-
;sh full and complete" abstract
We can see no reason why respondents
should arbitrarily take any particular
date and say that prior to that date
they We're not required TO make
search and report Of the title.
3. As q third point Counsel say
in scc,icn FIVE of page three Of said
amended compliant. the plaintiffs al
l1Ee that al the time of the purchase
Of said described land, that the Bank
C Nevada was the owner IN fee
thereof and that the same appeare.
Of record on the public records of
Washce County. but they allege
nothing to show that said mortgage
was not due and paid prior to the
furnishing of the abstract by defend
ants. and plaintiffs simply assume
tAat said title was il the Bank II
Nevada
On the contrary the allegation is ar
assertion not an assumption that the
"Pank of Nevada was the owner r
fee, etc.
4. Under the fourth point counse
say "plaintiffs allege. that they were
and premises by due course of law
by The Bank of Nevada, but the!
fail to show when or how they were
ousted and dispossessed of said lane
and premises by said Bank of Nevada
they don't show when they went in
The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-12-08

possession or that they ever had pos
session of said land and premises,
they don't show by what due course OF
law the Bank of Nevada ousted and
dispossessed the plaintiffs Of said
land ana premises. they simply state
CONCLUSION of Jaw and all the author
tiles held that you must state facts,
and from those facts the conclusions
are drawn
This allegation. too, we think good
under the general demurrer.
3. Fifth: Counsel claim that the
complaint does nor show that the
plaintiffs on discovering the defect
in the abstract, took proper measures
to avert the loss ana if they fail to
20 so cannot hold the abstracters Ia
BILE
This claim We think untenable.
Plaintiffs were not required to show
This. II the facts were otherwise I
was matter of affirmative defense
to he set up b. defendants.
g. The sixth pOint states that III a"e
was Nothing TO show that there ever
was a demand made Of said Hancock
for the return Of said s1Io0.0o Or any
part Of the same. and without a de-
mand Oh said Hancock fcr The return
of said $4,000 the plaintiffs cannot
say that said Hancock would refuse
to return the same if d demand was
made. in other words the plaintiffs
f2ve no cause of action aga 'nst the
defendants until all lawful means for
the recovery Of said s110o.0o from
said Hancock have failed. 1t must be
shown first that said Hancock is in
solvent. and nothing whatever can be
collected from him, before the defend
ants have become liable II damages
TO said plaintiff
We think there was. l. said Han
cock has ...... refused.... ard still
does...... refuse 20 pay plaintiffs
part thereof
Refusal to do a thing implies a de
mar made to do it. Certainly this
would be SO on general demurrer.
{. The seventh point is that there
is 10 allegation that the plaintiffs
have suffered loss Of $4,000 or any
sum: but only the statement of &
conclusion of law that plaintiffs hav,
SO suffered.
On the contrary We think an in
spectiOn OF the allegation in this lie
, spect shows allegation of al ultimate
feet. good as against general demur
rer at least.
8. Counsel say there vas no repor
= in the abstract of title furnished ,,
respondents that TIE land in uuestio,
The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-12-08

vas free from all membranes; but
,nly that it was free from some incum-
FRANCES. Their contention is expressed
as follows: The Attorneys for the
plaintiff in their said brief on the
demurrer, compare the Morange rs
mix. In case A N Y 315, with this
case. and claim that this case is much
stronger than the n. Y. case, and we
call the courts attention to line 4 on
mage of their brief where this Ian
guage is found. While in our case
the complaint alleges that it was to be
free from any incur, brance. Web
of many, indefinite. Nor Knoweth
any man the Father. save The son.
Matt. N. 81
It is also defined as some, as in
definite number or quantity, as are
there any witnesses present.
Now the word any incunbrance
does not mean all membranes, as
the word any in its largest meaning
simply means some. and does no.
mean from all membranes.
The language in the allegation Gal
, K cation IND IS
That actondants in the ra-ssc.. n
2Dce of t.. .= {" such employ
nent. did thCrea1 81 l. j on or about
the 25 day Ct June, 1902 furnish Is
Plaintiffs 3 pt2ter.2d abstract d
;i..c 70 th> SAID land and did reporr
and represent 10 plaintiffs that tht
same was full rue. accurate an,
correct abstract of the title TO saiC
land by which pretended abstract .
title il appeared and was shown tina
the said W. H. Hancock was The
owners Of said land and premises il
fee simrfe without any incumbl
ances: in reliance on said prei"nde'
abstract OF title. and depending sole
thereon. plaintiffs were induced t
and did. On OF about the 18th day c
June 1902. purchase said land an
premises 5rsH said Hancock and d
pay him therefore the sum cf $l1oi
in lawful nancy q the United STATES.
The allegation is that "Hancoc
was tie e1rer of said land ard prem
tsas IN tee simple u.gaoar any incun
ORANGES"
The phrase without any .incun
, brances". means Just what it says
1t means that there were no incun
brances. Indeed. it means there wa
, not a single incumhrance. 1t coul
rot possibly mean there were som
, membranes. or even there was
single REMEMBRANCE. So to hol
: would be a strange perversion OF lal
guase
j.. few other points are made in tn
! brief Of respondents: but we thin
they are not Of such moment as
= require mention here, except the &c
lowing:
: .. Ninth point. # we correctly a
G prehend it is this:
That in case of negligence in Il
abstracters work and consequent To-
6 therefrom the damaged employer ca
Y NOT sic the negligent abstractcr u
The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-12-08

til he has exhausted all remedy /,
against the grantor of the title in !
volved or shown that sucn grantOr IS
insolvent And further that this
showing of exhaustion of remedy
against grantor or his insolvency is
an affirmative showing on the part OF
the plaintiff and that without such
showing his complaint would be bad
on general demurrer. Is this the
law? We think it is not necessary
that such affirmative showing be
made in the complaint and
it is unnecessary row to 10
sermine whether the same would
constitute defense if pleaded
by answer 1t is urged IN the brief
at Hancock may have paid the
damages Of $4,000 to plaintiff 1t is
alleged in the complaint, however,
that Hancock has not SO paid. 1t is
also urged that Hancock may be able
10 pay il on bing sued. Defendants
bDISdtLjil NCtS d NiioNt Noil'l"-' ~
furnish plaintiff a full, complete and
correct abstract Of title to the land
in question such as would protect the
plaintiffs from mourning the loss thai
they have alleged. # plaintiffs had
1T il their power to protect them
selves from such loss by any course
Of action that they could be reason
ably and legally required to take tha
is an affirmative defense that re
sDondents should set up and plead t.
defeat plaintiffs action.
The case Of Morange V. Mix, Al n
Y. 315.. throws considerable light o.
this question.
We think the Judgment appeale
from in this case is erroneous. Sal
i Judgment is reversed and the case
renandea to the trial court for furtl
u er PROCEEDINGS in accordance wit
: hi, opinion.
FITZGEF NJ y c. J.
i We concur:
= taboo =
i NORCR0SS J
The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-12-08
WAN IT'D

ENTS-Canyasser mixers, ped
dlers, solicitors, mali order people
people, etc, should by KRAMER S
BOOK OF TRADE SECRETS Regular
price $500. but bal. Of last edition for
SIZE as lCng as they last. Guaran-
teed Order quick. Sioux PUB. Co,
Sutherland. Iowa n22imO
The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-12-08

u z tI 1T II
taboo
N.ORCROSS J
The Birmingham age-herald., 1906-10-08
MISSISSIPPI DELTA
 SENDS GLOOMY NEWS
Some Correspondents Report the Loss to Cotton as High as
 50 Per Cent.

New Orleans, October 7.-The Picayune' 8 summary of cotton crop conditions in Louisiana and Mississippi tonight says.
 The gloomiest reports come from the delta section of Mississippi and those parishes in Louisiana bordering on the Mississippi river. In West Carroll parish correspondents state that in some places the damage will reach as high as 70 per cent. In West Carroll no cotton has been picked since September p. Since that time destructive windstorms have almost laid the fieles bare, blowing the staple from the wide open bolls. great deal of the cotton can be rescued from the mud, but it will be necessarily lose in grade. West Carroll also reports that good planting seed will be hard to obtain next season.
 "Other correspondents report that Inc cotton remaining on the stalks is rot ting Along the Homochitto river, one of the important cotton producing sec tions of Mississippi, rains served to cre- ate a rise in that water course that in some sections madeasea extending from one hill to the other. The open cotton was carried off on the bosom of the waters without hope of rescue.
 4 number of correspondents in the river sections report that seed actually sprout- ing in those sections had escaped the wind and rain.
The Birmingham age-herald., 1906-10-08
TESTS WILL BE MADE
 OF SUBMARINE BOATS
Secretary of the Navy Is Authorized to Spend a Million on This
 Class of Vessel.

Washington. October "A provision in the naval bill, enacted at the last ses- sion of Congress, authorizes the Secre- tary of the Navy to 'contract for, or purchase sub-surface or submarine tor pedo boats to an amount not exceeding one million dollars, after such tests as he shall see fit to prescribe"
 To prescribe and supervise the tests Secretary Bonaparte appointed a board, consisting of Captain Adolph Mariax. president; Naval Constructor D. W. Fay Tor; Lieutenant Commanders c. w. Dy- son, and Cleveland Davis, and Lieut.. J. w. Timmons with Ensign F. H. Adler as recorder. The board has agreed upon the nature of the tests and the time and place of the trials which are required to be within nine months from the date of the passage of the law. The boats must be ready for trial on February l, 1907. and Narragansett Bay Is where the tests are to be made, and the trials must be com pleted by March 29, 1907.
The Birmingham age-herald., 1906-10-08
GOOD GOVERNMENT LEAGUE.
Organization Is Formed in Havana
 With Laudable Ambition.

Havana, October 7.-The preliminaries of an organization to be called the Good Government League of Cuba were begun this afternoon at a meeting of Americans, Cubans and others, at which resolutions were passed to the effect that the purpose of the organization should be the prom ton by all legitimate means the establish ment and maintenance of permanent, sta ble and lawful government. competent to administer justice, insure domestic tranquility, promote the general welfare and insure the blessings of liberty to all the inhabitants of the island.
 It was declared that the league intended to adopt whatever means to this end were deemed wsest by q majority of the mem bership which is intended to be represen- tative of all nationalites and all sections. While there was no expression to that cf- feet the movement generally is regarded as pointing eventually toward some more definite degree of American control or oversight in Cuban affairs than Is voueh- safed by the Patt amendment
The Birmingham age-herald., 1906-10-08
WHITE VICTIM DIES
 NEGRO IS IN JAIL
CIRCUS IN SOUTH CAROLINA HAS AROUSED MUCH FEELING, AND MAY NOT BE ALLOWED TO Ex- HIBIT.

Columbia, S.. C., October 7.--J. F. Gail lard, one of the white men shot by Henry Adams, alias Sam Small, at Mining Fri day evening, died from his injuries to- day. Adams was an employe of Colum Bros circus and became involved in a difficulty just as the train was departing for Sumter. At Sumter a mob was formed for the purpose of lynching the negro, but Sheriff Muldrow evaded the mob by taking the prisoner from the train and driving across the country to a station on the Seaboard Air Lne, where he boarded the train for Columbia. Adams was placed in the penitentiary this morning for safe keeping.
 Other members of the circus who were arrested as witnesses are being held at Bishopville.
 The circus is scheduled to show at Sum- ter on Wednesday, but fearing trouble. an effort is being made to have the license revoked and prevent the circus from ap- bearing in that city. Threats have been made that there would be trouble should the show go to Sumter.
The Birmingham age-herald., 1906-10-08
ASSASSINATED MAN
 ISLAUDED BY IVAN
DEMOCRATS ASSEMBLE AT HELL SlNGFORS, AND IMPRISONED SPEECH IS MADE, PRAlSING DEPUTY HERTZENsTEIN

Helsngfors, Finland, October. 7.-The congress of the constitutional democrats assembled here this afternoon They rep resent Ill delegates, represented 4S pro- vinces and territories. Prince Paul Dol goroukoff was elected president, while M. Chisniakof and Prince ShakhovsN were made vice presidents. The most sensa- tional feature of the days session was an impassioned speech by Ivan Petrunke- witch, in which he eulogized Deputy Her zenstein, who was murdered in Findland last July by members of the Black Hun dred. He declared Herzenstein's blood stained the souls of the opponents of the compulsory appropriation of land and that his monument was found In the gratitude of the Russian peasantry.
 The committee report regarding the Wig borg manifesto as previously predicted in these dispatches, contained formal approval of the document and the princi- pie of passive resistance but recognized the inexpediency of applying either at the present time.
The Birmingham age-herald., 1906-10-08
HAVANA NOW CLEARED. Last of the Insurgents in That Prov
 ince Lay Down Arms.

Havana, october 1.-The last organized body of rebels in Havana province was disarmed this afternoon at Guirfa when 300 of the force under General del Castillo turned over 1s0 guns to Major Ladd of the disarmament commission.
 Major Ladd was at San Antonio de los Banos this afternoon when he learned that this force was threatening trouble over the question whether they or the forty volunteers garrisoning Guiria should be the first to surrender their arms. Major Ladd hastened to the town, where he met Governor Nunez and American Consul General Steinhardt, who had come down from Havana. It was arranged to disarm the ex-rebels and the volunteers simultaneously This was done without e hitch, and then both sides. and the townspeople joined in a merry-fnakine over the wind up of the revolution
The Birmingham age-herald., 1906-10-08
HELD 4956 TRIALS
 BY COURTMARTIAL
MOST OF THE MEN PROSECUTED IN THE ARMY WE'RE UP FOR SELLING CLOTHING AND Ac- coUTREMENTS.

Washington, October T.-Durng the last port of Gen George B. Davis, judge ad- vocate general, of the army issued today, 1856 trials by general courtmartial were held. Fifty of these trials were of com missioned officers, forty-two of when were convicted and eight acquitted. Four teen officers dismissed by sentence. In four cases the sentences were committed to loss of rank; in two cases resIgnations
 flor the good of service were accepted in lieu of confirming the sentences, and in one case the sentence was dsapproVed.
 About fifty per cent of the enlisted men convicted by general courtmartial received sentences involving dishonorable discharge, The trials by general courtmartial dur- ing the year showed decrease of 204 as compared with the previous year Many of the men tried were charged with un- lawfully selling clothing or accoutrements issued by the government. The practice of selling clothing issued to enlisted men, the report says, continued to exist In spite of all efforts looking to its suppress sion. The clothing so disposed of repre- sents considerable sum and the offend CTS. both those who sell the clothing and those who buy it have been prosecuted vigorously.
 General Davis recommends that where soldiers are convicted of selling clothing issued to them by the government they be dealt with as severely as are those who are convicted of buying lt
The Birmingham age-herald., 1906-10-08
Prize Easayists Get More Time.

Cleveland. O.. October 7.-The officers of the merchant marine of the United States announce that the date for closing their contests for prizes of $400 $500. S2o0 and S100 for the four best essays on How to Build up Our Shipping in the Foreign Trade limited to students In high schools. technoogcal schools, colleges and universities, originally fixed for Novem- Der 15, has been postponed until January D. This action Is In deference to sugges- tions from Harvard. Wesleyan and other universities and from high schools, the claim being that the time for preparation was too short and pointed to the exhaus- tion of the supply of important congress- ional documents bearing on the subject
The Birmingham age-herald., 1906-10-08
Deaths In Florence.

Florence. October 7.-(special)-M R. B. Meadows, wife of Capt. R. B. Mea- dows of the Louisville and Nashville her husband Tn this city. Though Mrs. her husband in this city. Thugh Mrs. Meadows had been an invalid for many years her death was not anticipated at this time, and MT. Meadows was in Iron City, Tenn, when the news reached him, and he was brought 10 Florence on a special train.
 w. A. Mckinney, aged 20 years, died yesterday at his home in this city and was buried today. The deceased was engineer for the Florence Ice and Coal company. He leaves widow.
The Birmingham age-herald., 1906-10-08
REPORT TROUBLE TO FUNSTON
Disbanded Rebels Enter Town and
 Attack Policemen.

Havana, October "A delegation from tho town of Guines came In to daVana tonight and reported to General Funston that a party of Asbert's dlsbanded rebels had entered Guines and attacked some policemen who have been suspended under pay since the arrival there of American marines.
 Several policemen were badly cut with machetes. and the rebels threatened to kill the entire force The people of Guines are in a state of considerable alarm. Gen eral Funston ordered Captain Phelan of the marines to cooperate with Captain FigurIoa of the rural guards and to exer- else a special vigilance tonight in view of a negro ball which is being held in Guines.
The Birmingham age-herald., 1906-10-08
MACON g AIN QUIET
 AFTEBsSs ACITING DAY
NEGRO WHO CAUSED TROUBLE AT STREET FAIR HAS BEEN RUSHED TO ATLANTA JAIL FOR SAFE KEEPING.

Macon, Ca, October 7.-Quiet reigns in this city tonight, and no further trouble Is anticipated. The negro who shot Adams and Solomon last night was sent to At lanta this afternoon for safe keeping The military Is held in readiness in case of emergency.
 The mob succeeded in breaking into the jail at a late hour last night, but the negro had been placed in the barracks under heavy military guard
 Two white men charged with murder es- capped during the excitement but were captured today. Adams and Solomon are in the hospital Physicians cannot deter mine how seriously they are wounded
 The negro Fews, who did the shooting, was wounded but will recover.
 Another negro was shot through the leg at the iail last night while the attack was beng made on the prison. ~
 Green and Gaynor, two federal prison CTS. convicted of frauds in Savannah har- bor expenditures, were in the Jail last night while the mob hammered at the iron doors, and after effecting an entrance the noted prisoners mingled with the enraged crowd in perfect composure. No further trouble can occur, as crowds are not per- mitted to assemble.
 Atlanta, October 1.-The negro Fews who did the shooting which resulted in mob storming the Macon Jail last night, was brought here and placed in the negro hospital of the Fulton county jail today His wounds are not considered serious
The Birmingham age-herald., 1906-10-08
President Receives Politicians.

Washington, October 7.-Representative James Sherman of New York chairman of the republican congressional commit tee, and Senator Penrose of Pennsylvania had d long conference with the President tonight on the political situation. Mir. Sherman was a guest of the President at dinner, and discussed in detail the congressional campaign throughout the country. especially the situation in New York Later the President, Mr. Sher- man and Mir Penrose conferred on the situation in Pennsylvania, particularly in the close districts.