davidaulloa/AmericanStories huggingface dataset:
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-10-24
AFTER MAN WHO
GAVE BAD Greek

Costab1e Rogers went out to Dod-
ridge county Wednesday with y
warrant for the arrest of J. L. Nc
q Lain, nwho- is charged by L, N
Kahle, aofi Wolf Summit, with hav-
ing obtained $25 from him. unde-
false pretensess kahle swore out
the. warrant in Magistrate Riley,s
eourt alleging that McLaintald him
that he had $1,1O0 on deposit, with,
the First. National. Bank of West,
Union and on that representation
cashed a check on that bank amount
ing to $25 for him. There1was not
even enough money to his credit at
the bank to cash the $25 check,
Kahle swore, and--it was protested.
Letters asking him to make the
check good were unanswered by Me-
Lain and the warrant resulted.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-10-24
Jailed For -Four DAYS,
Found to be Wrong Man

it was ascertained at the trial. he
had been workings He was hustled
off to jail to sober up and wait for
a hearing. Owing to the rush OF
business in the magistrates court
the hearing was postponed several
times When the IlungEas taken
into the Setlrt room from the iali
For his learing. 10 and behold 'lie
vas the wrong man. He was inl-
mediately released with apologies.
The SlaI, however was so glad TO
get cut Of jail that instead Of ac-
cepting the apologies of the court
and the officers for detaining him
under Histal1s 81 Iiignti 81 he u mix
ed them for letting him 90. He
believed he was serving santenee Tor
getting drunk and as he was pretty
drunk when arrested it 81 By
just as well that ~ served the sem
tenee which would BE about the
same Ter li5eili Com table
Cd1tt & y 20 N 4or faf
d'i tito
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-10-24
But Case Is Still On In Court So
Far As the Argument
Is Concerned.

: Az the morning session of Unit
ed States court by agreement of the
Government and the Baltimore y
Ohio railroad in the case OF alleged
Discrimination against the PhilipPi
Coal Mining Company in the dis
trbution Of ears, Judge Golf entered
an order setting aside the filing OF
the information in the case, which
was done. Oct. 8 before Judge A. G.
Dayton.
fmmediately the Government pre-
senter a new information with four
tgta5aYits, setting forth what the
Coy rnlhent charges against the
!Sailfoad teompsnS. The aflda9Ite
were those ~ iA. Thompson, w ~ !.
Ioatts 'sandfidgs z and
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-10-24
THE NEW TAX LAWS
BRING GPEAT SA WINGS
RETURNS
From SYNOD

The Rev. L. W. Sifferd, pastor OF
the Lutheran church, returned last
night from Waynesburg, Pa. wher.,
the Maryland synod held its eighty
seventh annual session during the
past week. It is one of the largest
bodies connected with the Lutheran
church in this country. having about
$50 congregations, rs pastors and
a membership of over 10000.
Among the many things which
came before the body for conside.a-
tion nothing elected more interest
and concern than the work of the
lutheran church in West Virginia
The district missionary's report
showed year of effective and en-
larged work. After accepting his
resignation the entire supervision
of the West Virginia mission work
was placed into the hands of a
board consisting of Revs. a. F..
Richardson, l. W. SifTerd. J.. ].
Scherer. Mr. John ShafTerman and
j. W. Holt. Esq. This board in CO.
operation with the general boards
secretary viii push the work in the.
promising centres Of the state.
Concerning the local work the
future is pretty well assured. The
synodical society of the Maryland
synod is directly interested in ID
since the Clarksbnrg work in thi;
particular field. The entire Mary
land synod is back of the work
the state. y
The local congregation very
much encouraged is already PLAN
ming to move to their lot on Jack
son Square. A temporary ctapeii
will be built fhis fall which provis-
ion will enable the Lutheran people
to have a place of worship until 8
church can be erected. Tie Eutli11
esan congregation, has been greatly
handicapped by having to worship
in third floor lodge hall and theI
plan decided upon is a much need
ed step in the right direction
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-10-24
LLS THE STORY
OF THEIR SUCCESS.

1
claim any law, perfect. Even there
is a majority that think the consti-
tuition is not perfect and that it
ought to be amended so as to elecE
United States senators hy< the vote
of the people direct. If any Dem
acratic citizen has a secret for max
ing perfect laws / hope he Will not
get it patented, but give it to me and
I will call a special session of the
Legislature, have perfect laws enact
ed and then abolish the Legislature.
They can be vet improved and made
more neatly perfect, but this should
he entrusted to their friends and not
to their enemies. Mothers are not
in the habit of handing their in
fants over Ia wolves to nurse.
..What we're some of the predic-
tions Of Democratic leaders in 1901.
I say leaders. for I have no quarrel
with the ordinary Democratic voter.
Democrats and Republicans often
have the same father and mother.
but because one is Il Democrat that
does not make him a scoundrcl. nor
is the other necessarily a saint. Both
are honest and have their own
belief The Democratic leaders are
insincere and have played the hypo-
crit on the taxation matter. can
not recall q single prediction made
bv them that has come true Every
prediction made BY the Republicans
has come true. II the predictions
I made had not come true. ] would
not be here bur would be away some
where. hoping You would forget
what I said and forget me-
"Thev are still predicting. 1t II
true they are not taking the stump,
nor telling YOU what they stanti
for, but did get up courage enough
to make. an address.
eft was Said that these laws
would increase the taxes of the
farmer and of the plain people gen
orally. They have reduced the
taxes of these people, and it is safe
to. say that at. least ninety per cent
OF the tax payers Of the state will
paw less taxes in 1906 Than they
paid IN 1904. There has been a
marked decrease in the taxes of the
farmers. who heretofore were pay
ing largely more than their share.
ct was said that the asset value
of the pEGpgrrty efs the. peQple gen.
orally wohld 81 ihcreaseds &Ttls thets
taxes therefore inefeased tlut tli9
property Of, the. corporations would
not be ipcIeased in proportion and
that thet RsptIb iean candidates for
governor was in COLLISION with GER
tain corporate interests and would
prove recreant to his trust and his
promises if elected governor. L do
not say it to complain, but l sup
pose no candidate for public office
in this stutc was ever subjected to
more Misrepresentation, to u more
violent and steady stream of abuse
that I was as the Republican candi-
date for governor in 1904, and you
will bear me witness that | did not
answer in kind. kept sweet and
cool during it all, because | was
satisfied that I was right, that the
cause I represented was just, and
that it would be triumphant, and
that the results would confound the
jewellers in the cutters who threw
their mud at me.
Now as to the corporations, hero
are the facts which you can COM
pare with the predictions Of the
Democratic leaders. Here let me-
say I have no quarrel with the Dem
e-fF7 49,
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-10-24
Big RALLY FAT
LUMBERP0RT

The Republicans had a wonder
fully fine meeting at Lumberport
Tuesday night. The opera house
was crowded and there was a very
deep interest and much enthusiasm.
NJ. A. Riblett presided. The speak-
ers were john B. Morrison. o. A..
Ashburn and Cyrus Webb. who were
all at their best. They viii speak
at Enterprise tonight
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-10-24
GIVE MONEY TO
SOCIETY FOB BLIND.

sCanvass in the interests Of the.
National Literary Society for the
Blind" says Mr.. Pinkuss chairman
of the executive committee Who IS ia
Clarksburg in the interests of the
society, 'sthougli conducted under
some difficulties, is finding an en-
couraging Response on al sides. +
might be Of interest to the reader
Of the Telegram to know the names
Of three subscribers who lIave DON'T
ed the following amounts Ghass
S. Smiley, $40; v. L. Highland,
G, B. Alexander, SIS. An account
was opened with the Empire O.
tionalS bank this morning ana NE
first deposit amounted t. sri .Qe
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-10-24
sTsa'I .SvALID.
iai System Of t6e Snntry.

The United States Express Com.
pany must Eeeeiys and carry all
open and Cshllg0 packages OF
liquor in this state rendered accord
ing to the usual5rtIes and regula-
tons of express coiItPanies.
Judge Nathan Golf Fl federal
court issued a. SlTTninary and man
datorv Injunction to that effect
"Wednesday morning in the, case Of
the Crescent IlqjleF Company and
others against the United States
Express Company \.
Judge Golf decllyRg flat the. eX-
press COMPANY is 3 eotfnaen carrier
and must receive and cary package.
Of liquor. juspl like it does any con-
signment f2otheTlySnH,Ij iSdities. He
stated that tie lf{iisISe1 business is
recognized by tl}f3Jsational and state
governments ast;is ltiSlFt OF commerce.
state and infeJst I'D and was. there
fore, entitled w proteetion by the
governments. He saw but little dis
tinction, if any, between open and
c. o. ID. packages Of liquor and the
injunction issued applies to both.
Relative to the Statute passed by
the IegislatureTfaking express com
panies liable for carrying liquors
c. o. D., he said the same was un-
constitutional and the state law in
valid. as it copficted With the right
and liberties Of those lawfully en-
gagged in business and could not
supersede, the c0tnmeEge laws ioflths.
nation. -
5aRduching on tina friction OF,
the Iiquot. Giraffe adge Gof em-
phasized the statene Hat tits not
the province OF 3t6ea Judiciary TO
philosophize on Tire moral aspects
and effectsf'of the liquor Business, as
the judiciary had by right nothing
to do with the matberso long as the.
state and nation iiecognized it as
business and the same was carried
on according to laWSsssS
Judge GofkA said thesexpress com
panies were tprfj lpeNfrom indict-
ment and punishment SO long as
they carried liquors in the same
as ey5fransPort other ar
ticles of comrnette aer may car
nv the packag es, ollectsthe price for
them and return it to the con-
signor. 49,
Passing oristHe tier 81 the state
statute not Beffufftt packages to
be carried from any point in the
state 10 tate points, and that pack
ages could be sent in and out of the
state. Judge Cot said that was
). 4 IL l. INr,I
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-10-24
TRAIN JUMPS
INTO RIVER
CBv Associated Press.

(By Associated Press.)
PITTSBURG, Pa, Oct IA
Pittsburg special 9oA9 the cleveland
and Pittsburg division of the Penn
sylvan1a lines west, Jumped the
tracks today six miles west ofaAlle-
gheny. Tihe'engine and several cars
LEI the tracks and the engine
Slipped down to the Ohio river. The
train left cleveland this. morning.
At least four persons were serious
IN injured. Many others sustained
Gdts and bruises. The seriously in
jurrd are Engineer Ewing, Fire
man Reynolds, and two brakemen.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-10-24
Rev. Baxter Returned

The Rev. f. R. BAXTER, pastor Of
Pride's Chapel, A. NJ. f. church,
has just returned from the annual
conference of his church held at
Washington, Pa. Rev. Baxter was
reapopinted to the charge of Pride'S
chapel which the members of his
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-10-24
women Arrested
(Bv Assoeiated Pres!

LONDON, Eng, Oct. 2I-Ten
Woman Suffragists who we're ar
rested yesterday for rioting within
the precincts of the House of Com
mons, were arraigned in police court
today and bound over to keep the
peace for six months.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-10-24
Arresteb on PinnicIlnnIcll

ssGertrude MoneYbenng Winnie
ATSe and ale Dufffs dIias Elem
Ing, wefe ar Ell 81 Hinniclsinnies
hill opposite tile railroad oH
Tuesday night By Constable hea
GQfman and Pol ieerlal ll'lsls ana
taken to jail to await q leai1g On
the .c.llaFge Of conn ting ofnl
cation. Alva jackson and oms
Others we're with the trio but fhsl
supce Z a. ling
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-10-24
MOODY GOES
TO SUPREME BENCH
Az Associated Pre-

WASHINGTON, D. c., Oct. "a
While no official statement is OBJ
tainable unofficial information con-
firms the report that the President
will appoint Attorney General
Moody to the vacancy on the sup
rene bench. 1t is generally expect
ed Moody will not take his seat on
the bench until about Jan. 1.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-10-24
WIFE STARgIVG;
R.EEEASEg

Mrs. Joe Smith, wife of the
POlancler, who was committed to
Jail for the grnnl jury q month ago
BY Squire Kloflpl.ap; Of Grasselh, on
the charge of his wife, aP-
peared I'M Bfagistt 4Riley's court
Wednesday with Shefsbaby in her
arms and said she was starving. On
recommended ton 81, Judge Lynch
Smith Yves released from jail on his
own recogniz ance 10. he could go
and provide for hi wife and child
Chief line Ilspector James
PAUL. l1ess arlestonl at
lending ted sl4tat
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-10-24
! minister Bon1e

8N Rev. John r. Saias pastor
t @ church 4, of eRsi
IL b IN a am 81 g bis
Isie III 81 lhe bond e 59ll
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-10-24
Aamy OFFICER Stricken
Bv Associated Press.

COLUMBUS, o., Oct. 24-Gen-
eral James Forsythe, one of the best
known retired army officers, suffer-
ed a stroke of paralysis Yesterday.
His condition is serious.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-10-24
Bank Fails
(BY Associated Press

(By Associated Press.)
WASHINGTON, Oct. 24-The
Peoples Savings Bank of this city
wa scIosed today by order of the
comptroller of the currency.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-10-24

ocratic yoter-the most Of them
were deceived. l find that he is a.
honest as the Republican voter, that
he wants to do what Is right. and !
shall be pleased if am addressing
many of them on this occasion.
Now let US see whether the Re
publican candidate for governor in
1904 was in collision with the rail-
roads and other corporations TO save
them from their share of the taxes.
The assessment of their properly
for the present year is as follows:
Steam railroads IS 169,07S, 322.5i
Street railroads :. : 1854 .90S.4S
Car lines (not here
tofore assest) 662, 750.O6
Express companies
(assest nominallv
heretofore) ...- I71.425,9 S1.0S
Telegraph 4 Tele-
phone companies
(,lSze=t locally
Reretofore) s,9s5.12s.9s
Light and Water
companies (assest
locally hereto
rorel .... 1.922.9O4.2i
Pipe lines tassest
fore) -. s6,4s5.9s4,55
Total aSsest by
Board $ 20S.930- 942.4S
The total valuation of this prop
ertv Is nearly $209, 100000. The
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-10-24

hd cnle
re rs
Truth. [volume] (Salt Lake City, Utah) 1901-1908, 1906-04-14

no way possible by which he may full
fill his agreement.
Where a patent right was consid-
Grafton of contract, and it was found
that the patent right was void, the
consideration was said to have failed
The mere fact that patent right that
constituted the consideration of con-
tract could not be applied to any USE
full purpose and was of no value did
not constitute failure of considera-
ton.
A promise to pay money for notes
which are afterwards found to be
forged is another instance of a prom
Use given for a consideration that has
Jailed. There is such a thing, too,
as partial failure of consideration,
IN which case the party injured may
recover for so much as has failed.
Before passing from the question of
consideration, let us emphasize the
fact that a court will never examine
INTO the mere adequacy of price or
consideration, that is, it will not con-
slider whether the price or considera-
ton was large or valuable enough.
Courts do not attempt TO make con-
lrdclS lor people. lney Will not all
swer the question as to whether one
person received enough for what he
gave. or whether one promise was
worth the other. The only time when
the question of adequacy can come up
IS when fraud is charged and the gross
inadequacy of the consideration is
brought in as evidence of the fraud.
Mere inadequacy of consideration,
however, is not enough to warrant a
court in setting aside a contract.
(To be Continued.)
Truth. [volume] (Salt Lake City, Utah) 1901-1908, 1906-04-14
DENVER IN SALT LAKE.

Denver society will break into
vaudeville next week at the Orpheum
and it is a safe proposition that after
the presentation of the one-act play,
Mrs S. Holmes, Detective" the wires
will be kept hot with dispatches to
Capitol Hill district telling of the ver-
dict. This interesting occasion will
be double event for Denver from the
fact that both the playwright and the
star are society people from the Queen
City of the Plains. The former is
Ruth Bryan Leavitt, daughter of the
erstwhile Democratic leader, Hon.
William ]. Byran, and the last named
IS Mrs. Elizabeth Spencer, who, before
she took to the stage, was prominent
in Denver social dramatic produc.
tons. She is also said to possess one
Of the finest voices in the state OF
Colorado. The playlet is satire upon
the modern detective drama. It's sit
uations are humorous and it's lines
full of ginger and sparkle. The action
throughout is said to be rapid, and,
taken all together, great things are
expected of the effort. Under other
conditions, Stella Lee, vivacious sing
er and dancer, would be the head
liner on the bill. According to the Los
Angeles Herald her dancing us the
daintiest and the briskest that has
been seen on the Orpheum boards for
many a day" Then there will be Wat
son and Morrisey, novelty singers and
dancers, who are above the average
of such teams. Allen Shaw is billed
For a novel act in which he exhibits
his digital dexterity in the manipu-
lation of coins and cards. number
scheduled to arouse broad and gen.
arous smile is the turn of Frank r.
Hayes who has a screaming mono
logue which he delivers when made
up as an old maid. Scientific poses i'll
the art of physical culture will be the
contribution of Vontello and Nina, a
couple of gymnasts whose main stunt
is some very clever work on the Ro-
man rings. The kinodrome offers a
couple of motion picture dramas. Will
lard Weihe's orchestra during the
evening will render die Irrfahrt uns
=" Ick"-F. Suppe, and Salute d.
'our-Elgar.
Truth. [volume] (Salt Lake City, Utah) 1901-1908, 1906-04-14
TRIBUNE's METHODS ARE THIN.

"a couple of weeks ago." says the
Tribune. several Salt Lake newspa-
pers published what was purrorted to
be an interview with a prominent
western postoffice official (Supt.
Stephens of the railroad mail service
of the Sth district) in which a very
strong Endorsement was given by the
administration of Postmaster Thomas
of Salt Lake. The Tribune has let
ter from this official in which he re-
pudiates the interviews in toto, as we
believed he would, when his attention
was called to them"
. Truth on March 81, published the
following:
Mr.. A. H. Stephens superintendent
of the railroad mail service for the
eighth district, was in Salt Lake on
Thursday. His headquarters are in
San Francisco and in his jurisdiction
are included San Francisco, Los An
geles, Sacramento, Portland, Seattle,
Tacoma, Spokane and Salt Lake. In
conversation with the editor of Truth,
Mr.. Stephens said that his attention
had been called to some articles in the
the Salt Lake postmaster and stating
that the postal service in this city was
most inefficient. Mr. Stephens said
the articles referred to were entirely
foundationless; that the service in
Salt Lake and the administration of
the office by Postmaster Thomas was
exceptionally good He had, he said,
taken especial pains to investigate and
had looked up the official rating of the
Salt Lake office and found that among
all the cities in his jurisdiction, the
eighth district, Salt Lake stood third
in efficiency on the entire list, only two
cities being ahead of it, with a strong
probability that in the next rating it
would be the second city in the dis
trict in point of efficiency. He said it
was a showing that Mr.. Thomas had
reason to be proud Of"
Mr.. Stephens in the course of
conversation had with him made the
above statements to me in the most
positive manner. They came entirely
unsolicited, as when by mere chance,
l was introduced to him I had no
thought Of interviewing him on any
subject. He talked freely knowing
that his statements would be publish
e. ] quoted him correctly and I do
believe the Tribune has any letter
rom him repudiating either in toto
or in part the statements l attributed
to him.
JOHN w. HUGHES.
Truth. [volume] (Salt Lake City, Utah) 1901-1908, 1906-04-14


promisor will be bound.
A promise made to one in consider
alton of his forbearing to sue is made
on valid consideration. A promise
made to one in consideration of his
forbearing to collect debt or to en-
force payment is made on good con-
sideration, providing the forbearance
be for definite or reasonable time. A
forbearance not to prosecute a demand
which is found not to exist in law or
in fact is no consideration.
If a creditor agrees to give up part
of debt in consideration of the debt
or's giving him a new or additional
security, his promise will have good
consideration and be valid.
Then, too, in order for the consider
alton to be legal, it must not be some
thing in the past. Thus, if one does
work for me gratuitiously and | after
wards voluntarily promise to pay him
for it, am not bound in law to keep
the promise, the consideration having
been something in the past. So if
have bought horse, and not at the
time required warranty, and l after
wards go to the person from whom
bought it and ask for warranty, a
warranty then given, unless some
thing is paid or promised to be paid
on it, is not valid in the law.
If l promise to repay to strangers
what they must pay out in the future
in taking care of my sick son who is
of full age, the promise is supported
1tro d,
binding. If, however strangers take
care Of my sick son who is of full age
and l afterwards promise to reimburse
them, my promise is without consid-
Grafton, as it is based upon past acts
may be morally bound to do so, but
am not legally so bound
1t has been held that where the &C,
is done at the request of another person
under such circumstances that the law
will imply promise to pay what the
service is worth, a subsequent prom
Use to pay will be binding, the theor,
being that the parties have reduced to
a certainty what they have purposely
left undetermined.
AS an exception to the rule that
promises cannot be based on a con-
sideration that is past we name prom
Uses to pay debts barred by the statute
of limitations or by discharge in bank
ruptcy. Courts so holding have de-
clared that the moral obligation in
bankruptcy is sufficient to uphold the
promise.
Another rule is that the considera-
ton must be something possible. A
promise to do something that cannot
in the nature of things be done is not
a valid consideration to support con-
tract Not only thing winch is ply
sically impossible, but also thing
which is legally impossible cannot be
made a consideration. A mere stock
holder in corporation cannot exc.
cute legal deed for the corporation.
A promise by a stakeholder to do SO
would not be legal consideration for
a contract.
The question arises as to whether
the fact that one is morally obligated
to do o. thing will make his promise
to do it valid as consideration for a
contract. We have seen that where
one is legally bound to do a thing his
promise to do it will not make legal
consideration. The rule is that NOR
al obligation will not uphold prom
Use.
There is one other point we should
considere before passing from the sub