davidaulloa/AmericanStories huggingface dataset:
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-10-26

chase price (about $12,oo0) had been
paid at the time Of sale: A projected
railroad had not been built and the
firm could not cut and remove the tim
Der within the time specified. in the
permits. In the closing days Of my ad-
ministration Mr.. Brooks Of the firm in
question called on me and wanted to
know if his firm would be permitted
to cut the timber. I referred him to
my successor, Mr.. Iverson.
"a meeting of the timber board was
held in the governors office, at which
Governor Van SAINT, Treasurer Block
and MI. Iverson were present. The
facts in the case were laid before the
board by Mr.. Brooks, and he said it
would be hardship on his firm to lose
the money already paid (about $12, 000),
but he did not want to 90 ahead and
make preparations to cut the timber IN
or words to that effect. The board
unanimously agreed that the Backus-
Brooks company could cut and remove
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-10-26

under like circumstances. Not one Of
the firms is guilty Of committing wilful
trespass in the general acceptation Of
the term. Remember that in every in
stance the timber was bought at public
sale as provided by law, Is per cent
Of the purchase price was paid at time
of sale, the balance Of the contract
price was paid when the timber was
cut, per cent interest, was paid on
question about the scale. The state did
not lose dollar. The state claims,
and the defendants do not deny, that
the timber was cut few months, per-
haps year, after the permits had ex-
pired by Imitation
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-10-26

the timber. T believe there was q pro-
,viso that the firm should pay per
cent interest on deferred payments. The
firm cut the timber, paid the price
specified in the permits, also per cent e At
interest on the deferred payments, ana
value Of the timber in addition to the
$4l,OOO already paid by the firm.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-10-26

after the life of the permit had ex-
pired, and the attorney general has in
stitqted suit against the firm -: io Got the
in addition to the ST., 900 already paid.
In other words, if the state maintains
it's contention, that timber will have
cost the Shevlin- Carpenter company.
$4,000 more than could have been col
lected had the firm stolen the timber
outright without any excuse or justifi-
cation whatever. Undoubtedly the
Shevlin- Carpenter company dated the
letter Of the law, with the acquies,
cence of the timber board, but the
equities of the case are all on their
side. n = i
The Backus-Brooks Case.
ftfLet me cite another case Of which
I have personal knowledge. The Back
us-Brooks company is sued for 1912, 900.
This firm had purchased the timber on
several sections at the sale Of 1900,
I believe, and rs per cent Of the pur.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-10-26
4 MASON CITY MEN LOSE HANDS.
Enecia1 fo The io1rnal. -.

Mason City, Iowa, Oct 2e-Wrliam Board,
farmer living near this city. lost his hand
by the accidental discharge OF bus shotgun while
his hand in the joiner at the Wier Wardrobe
Manufacturing company and it was SO badly
mangled that it had to be amputated.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-10-26
Equities with Defendant.

g The timber was cut by the Shevlin-
Carpenter company and was paid for
at the rate Of ST.. per thousand, and
interest at the rate Of s per cent on
the deferred payments, in all more
than $4,000. There is no question as
to the amount of timber and no ques
ton as to price. The state claims that
the Shevlin- Carpenter company were
trespassers because the timber was cut
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-10-26
Acted in Good Faith.

elf the Backus-Brooks company had
deliberately stolen the timber in ques-
ton, and the state could have proved
it's case, all that could be collected
would be $4,000, the treble value Of
the timber. As it is, if the contention
Of the state prevails, altho the firm
acted seemingly in good faith and had
the sanction of the timber board, it
will be mulcted for $4,000 plus the
actual purchase price Of Sal ,000-$163, ;
900 in ALL
"a dozen other lumber firms are de-
PENDANTS in suits for smaller amounts
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-10-26
Special Offer

As an inducement to get good
class Of students started in our work
now SO as to be ready for positions next
Spring, when there is q big demand for
help, we will make the
SPECIAL OFFER OF A WEEKS
FREE TRIAL
to all who enter during the week Of
Oct. 90. We can tell you after the trial
whether or not we can do anything for
you.
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-08-11
SECOND ANNUAL FAIR
Liberal Premiums Will Be Given in Every
Department This Season.

The second annual exhibit of the
Ellis County Agricultural Fair and
Live Stock Association will begin on
September | s and last five days. This
is an Ellis county enterprise and de
serves the commendation of every
citizen of the county The officers
OF the association are endeavoring to
make the coming event a greater sue
cess than the initial exhibit last fall.
The premiums and purses in every
department of the Fair are more lib
eral than any ever offered by couu-
ty fair. The racing card offers an
entertainment in its line second to
none in the southwest, either for
horsemen or those who enjoy racing,
and the many features of amuse-
ment which will be provided cannot
fail to interest visitors The exhibits
already promised in the horse, cattle,
swine and poultry departments will
certainly make the fair instructive to
those interested The association Will
spare neither pains, effort, nor eX-
pense, as far as may lie in its power,
to make the meeting such one as
will be both gratifying and profitable
to the exhibitors and to it's visitors
| from every point of view
The Houston & Texas Central and
Texas Midland railroad companies
will make liberal passenger ane
freight rates to the fair and return
The Ellis County Agricultural Fai
lation one-half mile track is one {
, the best and fastest in the state
, dries almost Immediately after raj
and does not become hard. and is a
ways fast An interesting spec
program has been arranged and liber
al purses are offered. The develop
ment of the American road horse
supreme test of speed and endurance
and the entertainment of the pubic,
are the objects sought. The assocla-
tion promises clean contests of speed
between the best and most sensation
al speed performers.
Chairmen of Waxahachie commit
tees are as follows;
General committee, Mrs. W. H..
Fears: art, Mrs. Y. d. Kemble; edu-
cational, Mrs. G. c. Groce; textile,
Mrs. J. f. Watson; curio and antique,
! Mrs. l.. r. Gulick; flowers, Mrs. c.
! d. Pickett, children's department.
Mrs. f. l.. Hawkins; culinary de
partment, Mrs. Phil Bertram; baby
show. Mrs. VIII Farley and Mrs Ell
mer Gatewood
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-08-11
PREDICTS BIG COTTON CROP.
Trainmaster g. VI. Samucls of tn,
Katy Is Very Optimistic.

G. Nj. Samuels. trainmaster on the
North Texas division of the NJ X. d
T., today made the prophesy that
more cotton will be produced in
North Texas this season than for
many years past. He even expects
the yield for 1904 to be beaten,
though the acreage this year is small
er
Mr.. Samuels says that cotton in
North Texas is looking exceedingly
good. Agents at many points esti-
mate that where 5000 bales were
shipped from their stations last year
10000 will be shipped this year
There is still time, he admits, for
worms and heavy rainfall to do i'm
mense damage, but barring that he
is satisfied the crop will be an eve
opener. r.-Denison Herald
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-08-11
TELLER KILLS HIMSELF
Officer OF the Milwaukee Avenue State
Bank Puts End 10 His Life.

Chicago, Aug. 1l.--Frank KoWal-
sky for five years paying teller Of
the Milwaukee Avenue State Bank,
which failed last Monday, and for
some time assistant receiving teller
in addition to his other duties, shot
and killed himself last night in his
home, $40 North Carpenter street.
Criticism by neighbors and lifelong
friends, who accused him of a share
in the downfall of the bank. is be-
lieved to have driven Kowalsky TO
his death. For two days he had been
deSpondent and the members OF mis-
family had kept a close watch over
him. Yesterday, however, he return
I'd to his home at O'Clock while the
family was away from home and his
dead body was found four hours
later.
The climax of his trouble was
reached last night when a woman
whom he had known for. years ac-
costed him on the street and accused
him of being responsible for the fail
ure of the bank. When speaking of
the incident later in the evening, Mr..
| koWalsky complained bitterly of the
suspicious of his friends and declared
that unless his reputation was speedi-
| ly cleared he would take his own life
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-08-11
SAN ANTONIO TRAGEDY
As the Result OF an Old feud One Nan
Was Shot TO Death.

San Antonio. Texas, Aug 1i.--As
the result of an old fued. Z. c. Hen
darson, "a saloon man Of this city.
i. dead and Gus Naurath. also a sa-
loon man, is in the county Jail with
81 charge of murder against him.
With a shotgun Naurath is al
legged to have stood in the door Of his
saloon yesterday morning about s
% clock, and when Henderson passed
an his way TO his place of business
Naurath. il is charged, placed the
gun to his shoulder and fired
Naurath claims that he called TO
Henderson to take back a certain
name he had called him and Heuder-
son, paying no attention to him and
passing on, he fired.
Henderson was killed insanity and
an examination of the body showed
mat he was shot in the back.
Henderson is so years of age and
Is survived by widow and children,
Naurath is the same age and has a
wife and six children. The men had
been on bad terms for eight years.
Their places of business were in
the eastern part of the city in close
proximity to each other, and Hender-
son had to pass Naurath's s saloon to
get to his own saloon.
Henderson was unarmed.
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-08-11
WRECK ON THE DENVER
Spreading Rails Causes Derdllmeni o'
Two Coaches OF Northbound Traln.

Out OF probably forty people who
were injured In a wreck OF the north
bound Fort Worth and Denver pas
senger train which left Fort Worth
at 9 O'Clock Thursday night and was
partially deraied near Fruitland.
Texas, siXty-four miles north OF Fort
Worth, about 1880 o'clock Friday
morning, ii is believed only one. Mrs
Mrs O. w. Lasater OF Orecroft Tex
as, is critically hurt, The injuries
Of many were so slight they were able
to continue their journey north from
Bowie on a train which left there
later in the morning. Some of the
more seriously injured will be
brought to Fort Worth this after
noon The wreck was caused by a
broken rail The sleeping car and
the chair car next to it were derailed
and turned almost completely over
The embankment down which they
rolled is high and when they stopped
the wheels OF both cars were almost
directly above the tops of the coaches
which lay in the bottom of the ditch
alongside the track
Passengers were tumbled about in
side the two cars, from chairs and
berths, cushions were piled up in
heaps and indescribable confusion
followed
A woman who was thrown from
her berth, seeing the gas lights in
the sleeping car still burning after
the car stopped rolling, instantly
called to a man who was also thrown
out into the aisle to extinguish the
light He did so Immediately and
this foresight probably prevented fire
breaking out and adding to the con
fusion Almost instantly after the
light was eXtinguished the sleeping
car filed with gas but repeated
shouts from cool-headed men order
| ing those in cars to strike no matches
prevented the ignition of the gas and
no fire broke out.
! Word of the wreck was taken tC
Bowie by the engine crew of the
| wrecked train which made a rapit
run to the town, five miles away, an
brought back a wretking crew tC
gether with the physicians. Cars c
the wrecked train which did not leav
the track We're used in conveying tn
injured to Bowie.
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-08-11
GETS CHEAP GAS.
After Long Fight Kansas City Sc
cures This Benefit.

Kansas City, Aug. Kansas
city has won her long fight for cheap
gas. The so-Called Fleming-Wilson
natural gas ordinance granting a
franchise to a syndicate of Chicago
capitalists for thirty years, and it
provides that as long as the supply of
natural gas is reasonably accessible
that it will be furnished at 25 cents
per 1000 cubic feet for domestic
consumption and at 10 cents for
manufacturing purposes. If the
natuarl gas supply fails, then arti-
fetal gas will be furnished at IS
cents per 1000 cubic feet The city
may purchase the gas works at any
time, provided the grantees receive
profits for ten years.
The Kansas City (Mo) Gas Com
pany now holds franchise to fur
nish gas at $1.1o per 1000 cubic
feet. The new ordinance will be
signed as soon as it reaches the
mayor.
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-08-11
KILLED BY TRAIN.
Aged Man Meets Tragic Death on a
Bridge Near Leonard.

While walking on a railroad bridge
near Leonard yesterday afternoon o.
Peyton, aged about . years, was run
down and killed by southbound
Katy passenger train. The engineer
saw the man walking ahead OF the
train and blew the whistle, but the
signal was disregarded. The emer-
gency brakes were then applied but
not in time to prevent the train from
striking the man. Nearly every bone
in his body was broken. The re
mains were placed on the train and
taken to Leonard
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-08-11
AMERICANS ARE KILLED
Lieutenant and -four Hen Slain in Hand
10 Hand Fight with puldjdnes.

Manila Aug 1l.--First i.ieuten-
ant John T. James and two priyates
of the Eighth infantry, with contract
Surgeon Calvin Snyde. and internal
revenue collector. Williams Of Illi-
nois, were killed Thursday afternoon
In hand 10 hand night with force
of Pulajanes at Julia, Island OF Leyte
The detachment which consisted of
ten men, was greatly outnumbered
but made gallant fight The pula-
james captured three pistols, four
krag Jorgenson rifles and three hun
dred rounds of ammunition
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-08-11

Columbus, Texas. Aug. 1l.-Be-
cause the city council would not pro-
vide police protection to prevent a
fresh outbreJ of the feud between
the Reese and Townsend factions, a
majority of the voters of the town,
at the election yerterday voted TO dis
solve the corporation. As a further
effort to restore peace Coy Lanham
has been asked to station a ranger
here permanently.
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-08-11

On next Friday afternoon and
night the Woodmen of the World will
have charge of the Majestic moving
picture show. \ splendid program
will be arranged for the occasion.
The management advises that it
would be good idea if the children
would attend the afternoon perform
ance on account Of the large crowds
expected at night. Tonight Will be
the last chance to see the splendid
program that is now on.
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-08-11
BEALL'S EXPENSES.
Nomination for Third Term Cost Con.
gressman Four Dollars and
Ten Cents.

1t cost Congressman Jack Bean
$4.10 to be nominated for his third
term from the fifth district. That is
the amount shown by his statement
of campaign expenses filed with
! County Judge Hawkins. Sixty cents
| of this amount was spent for postage
! two dollars to get name on ticket ant
| $50 for making acknowledgment
| Of his candidacy before notary pub
lie The total amount exceeds Bob
Henrys expenses by forty cents
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-08-11

Two Thousand Up in Arms Against
Open shop.

New York, Aug IA strike Of
? ,o0o gold beaters against the open
shop began Thursday. Delegate
James McCabe of the Go'd Beaters
Union announced last night that the
strike affects 90 firms II was or
dered. he said, for the purpose of
driving out the middlemen or small
contractors. who take contracts from
the large manufacturers and who en-
ploy their men on the open shop plan.
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-08-11
COY oNER>MINT CROP REPORT.
Condition uf Corn SS.t and Spring
Wheat SGD

Washington. Aug. 1.-THE crop
report issued Yesterday by the de
partment OF agriculture shows the
condition OF corn on August TO be
NS,I as compared with ST.5 last
month. The winter wheat crop of
4S3. .i34, ,o0b shows an average of
iG.7 bushels per acre Conditions
of spring wheat on August was
SG.9 as compared with ninety-one
last month
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-08-11
FIRST BALE AT ENNIS.
Was Raised by a Farmer Living Near
Town of Alma.

Ennis received ner first bale of
new cotton yesterday afternoon. The
cotton was raised by J. f. Castles, a
farmer living near Alma, and was
ginned at Whitfills gin. The bale
weighed 453 pounds. The price for
which it sold was not learned, but a
nice premium was made up for Mr.
Castles
The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1906-08-11

We wish TO announce 10 the public
that We are now ready 10 tiil their
orders for monuments. tombstono'
and oJher grave work The best of
marble is used and only experienced
and skilled vorkmeu are employed
4 share of your patronage is solicit
ed. and 400 work j- sent ont under
,.r.r.rt.. md
DRAKE & FLNNT.
Weekly Arizona journal-miner. [volume] (Prescott, Ariz.) 1903-1908, 1906-04-04
SEEKS INJUNCTION TO SAVE AS.
GAY OUTFIT.
(From Fridays Daily

An application for n writ Of injune-
ton restraining q. Charles Davis from
interfering with IN any way or dispos'
ing Of an assay outfit in tent on the
Golden Key mine said to be the proper
ty Of John q. Bauchclle was filed In
the district court clerks office ycster'
day.
The Golden Key mine is situate In
the southwestern portion Of the county
near the Mohave county line, and the
dispute over the ownership Of the
assay outfit IL said TO have arisen over
the failure Of the Golden Key Mining
company TO make payment on the
purchase price Of the mine In accord
ance with the terms Of nm agreement
Of sale of the property between thu
company and q. Charles Davis, thu
latter claiming ownership to the out
at In the way of rental for the pre-
misses and liquidatcd damages.
Weekly Arizona journal-miner. [volume] (Prescott, Ariz.) 1903-1908, 1906-04-04
GERMAN MONEY INVESTED IN
ARIZONA PROPERTY.

The Hamilton .Dcliehausen Mining
company has recently been formed by
q. X. Delichausen buying an interest
in copper mining claim owned by II.
X. Hamilton and g. NJ. Clark in the
Cave creek country.
This property was discovered last
summer by Mr.. Hamilton and G. q.
Safer, who retircs now, having sold out
to Mr.. Dclicbausen. He is from Ger.
many, and is backed by some wealthy
capitalists of that country.
The work Of developing the claims
has already been commenced, and IL is
expected that it will one day be one Of
the richest copper mines in Arizona.
The ore is very rich and crops for n
long distance, being on a straight line
with the United Verde nj Jerome, and
the owners believe IT to bc the outcrop.
pings Of an extension Of the same vein.
Weekly Arizona journal-miner. [volume] (Prescott, Ariz.) 1903-1908, 1906-04-04

vided onc.half interest in IL passed
from Henry Clay to y. II. Stewart and
", NJ Maus, co.par,ners in the under.
taking and cmbalming business on
Montczuma street in this city.
The ranch, which is one of the best
improved in the entire valley, is stu
ate about 20 miles northwest Of Pres.
colt. II consists of 100 acres of pat
entcd land, upon which $500 young
and vigorous fruit trees yielded an
apple crop last year that was unsur.
passed for tonnage 10y any orchard Of
similar size in the northern part of the
territory,
Associated with the new owners Is
W. W. Ross, the well known druggist
who holds the title to the other half in.
tcrest.
A number Of new improvements have
already been planned for the coming
season there which will go to make tho
place one of the most productive and
attractive in the county.
Weekly Arizona journal-miner. [volume] (Prescott, Ariz.) 1903-1908, 1906-04-04
FRIEDMAN WINS IN
SUIT AGAINST
SUBTLE
Lost in Lower Court But
Scores On An
Appeal
Notable Legal Victory
Achieved By Leroy
Anderson
From Saturdays Daily.)

From Saturdays Daily.)
Through a decision rendered by the
Territorial Supreme Court yesterday
in the case Of Friedman vs.. Suttlc, by
which that body practically reversed
itself as noted elsewhere In the Journal
miners special dispatches, Attorney
Leroy Anderson achieved notable
legal victory although he was opposed
by such eminent counsel AS Herndon
4 Norris and Hawkins L. Ross, and has
conducted the case single handed from
the beginning.
The decision is not only important TO
the law profession but TO the commun'
ity ut large on account Of the large
number Of transactions Of similar ma
ture that daily occur all over the ter
ritory. II makes clear the point and
establishes the proposition that bro
kcr who succeeds in placing mining
property without n written agreement
for the payment Of n commission can
collect the same by proving the exist
once Of verbal contract between
himself and either the owner or pur.
chaser.
The history of the ease dates back
over two years, when +. G. Friedman,
as broker, sold TO II. A. Suttle the
properties located In southern Ynvn-
pal county, known ms the "Three Black
Buttes.' Friedman claimed n 10
per cent commission on the eonsidern'
tion Of the transfer, amounting Ia
$4,000, which Suttle refused TO pay, af'
forwards deciding the properties over
to the Monarch Mining company,
Through his attorney, Leroy Anderson,
Friedman mt once commenced legal
proceedings in the district court, tho
ease coming up for trial at the last
November term before Judge Sloan.
The testimony Of the plaintiff estab'
Iished the existence of verbal con.
tract between the parties for the pay
ment TO Friedman Of the amount Of
commission claimed, without any writ
ten agreement, and the court, upon mo
| ton Of the defendants counsel, In
structed the jury to find verdict fol
the defendant, upon the grounds that
n broker In order to be entitled to the
Weekly Arizona journal-miner. [volume] (Prescott, Ariz.) 1903-1908, 1906-04-04
rheumatism Makes Life Miserable.

A happy home is the most valuable
possession that IL within the reach Of
mankind, hut you cannot enjoy it's com
forts if you are suffering from rheu-
matism. You throw aside business
cares when you enter your home, ana
vo,, can be relieved from those rheu-
matte pains also by applying Cham
berIoIn's Pain Balm. ono app'ica-
ton will give you relief, and it's con
timed use for short time will bring
about permanent cure. For sale by
all dealers.
Weekly Arizona journal-miner. [volume] (Prescott, Ariz.) 1903-1908, 1906-04-04

collection of his commission in trans
action Of this nature, should have a
written contract. The decision was
rendered by the court upon the author.
ity Of and following the lines Of a
similar decision rendered by the su.
preme court Of the territory about ten
years ago, in n case known as the Gar.
nowski case, reported IN the 5th Ari.
IONA on page ll9. An appeal was
taken to the supreme court with the
result above stated.
Weekly Arizona journal-miner. [volume] (Prescott, Ariz.) 1903-1908, 1906-04-04
NINE. BERNHARDr IN HOUSTON

HOUSTON, Texas, March 3O-The
advance sale Of seats for the Houston
engagement Of Mime. Bcrnhardt In re-
ported TO be the largest ever known in
the southwest. The demand for tie
kets has been no great that a matinee
performance has been added 10 the two
performances originally scheduled. The
engagement opens tonight with the
production Of ola Sorcerle." "Ca'
mile" will he given tomorrow after
noon and "La Tosca' tomorrow
night.