davidaulloa/AmericanStories huggingface dataset:
The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1906-02-21
REQUESTED TO
LOWER RATES
COUNCILMAN AFTER N. |. & W. co.
City Attorneys Salary Restored
Council AdjOurns Until
Wednesday.

| The city council was called to or
der last evening at the regular hour
| by Mayor Reed, all the members be-
ing present except Alderman Lin
barger and Alderman Marsh.
The first petition to come up was
that from William S. Keen. asking
for a reimbursement of certain taxes
against some of his property. The
communication was tabled
VIM. Lee. Jr's, petition concern
ing a petition to carry off surplus
water from his land, was referred to
the city engineer.
Edw. and ]. w. Cleaver and 9TH
ers petitioned the council for the To-
cation of fire hydrant on Natchez
avenue and + streets, near fire box
IA. The request was speedily grant
ed by the council.
The petition of property owners
ina avenue to d, asking for further
grading and improvement of that
street, was granted but the petition
for grading on Eighth street from
Yakima avenue to Spruce, was laid
over for two weeks.
A. b. Weed, Alex Miller, VIM. B.
Dudley, Ira P. Englehart and four
teen others, believed that in the con-
struction of the new brick sewer sys-
tenn for this city, their interests and
those of the city at large would be
best served if the city would employ
Ernest McCulloh to supervise said
construction, but the petition was re-
spectfully laid over until another
meeting.
Eleven property owners on the
east side of the county road Joined
together in a petition asking that
they be allowed to construct sub
stantal wooden sidewalk along the
east side of the said road from Yak
ina avenue to the south line of the
county road, the said walk to be built
by the property owners themselves,
Independent of a contract, and Who'll
ly at their own expense. This re-
quest also was granted.
Elwood Leach, the man who was
injured while in the city's employ,
by the caving in of some earth upon
him while he was removing curb
ing, claims damages from the city
in the sum of $4,000 After consid
cradle discussion on the part of the
councilmen, it was decided to lay the
matter over for two weeks, the evil
dent disposition being to adjust the
matter with Mr.. Leach outside the
courts.
City Engineer A. A. Nicol's surety
bond for $1,000 was accepted
A healthy appearing resolution was
introduced by Councilman Armbrus-
ter, which was unanimously adopted,
providing that the Northwest Light
and Water Co. be requested to cancel
its franchise. and to accept another
more to the liking of the citizens.
and more favorable to the people as
whole as to water and light rates
now in effect Alderman Thompson
suggested putting the matter to a
vote of the people Alderman Arm
bruster was DESTROYS of treating the
water company in a fair way, and
would first give it the opportunity
to show the people that it wanted
to be fair with them. which he be-
lieved the company would do. If it
The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1906-02-21
LEASES THE new
HOTEL At WAPkTO
'sjonn ". LAX MAKES 5000 MOVE
Well Known Landlord Of the Central
~. HOUSE Casts Ills Lot In the
New Town.

John w. Lax of North Yakima has
Just leased from the Wapato Devel-
opment company for a term of Eve
years the fine three-story, ffty-room
hotel At Wapato. and is preparing to
move his family to that place, and
have the new hosiery in readiness
for business by the first of next
month.
: Mr.. Lax il q well and favorably
known hotel man of this city, who
for three years has operated the old
Central house on South Second
street, the oldest hotel In North Yak
ina. While he has the best wishes
of every one in the new venture,
many will regret that he has decided
to make the change Of residence. The
hotel at Wapato Is q fine wooden
structure, three stories high, we'll
lighted and ventilated, and is piped
for acetylene gas. There is an album
ant water supply. The rooms are all
spacious and we'll arranged. From
the windows a magnificent view of
the surrounding country can be OBJ
tanned. including the buildings at FIT.
Simcoe and the more distant gran
deur Of snow-covered Mt. Adams and
Mt. Rainier.
f. Besides the weu-lighted sleeping
rooms ON the upper floors. there is a
large lightwell at the head Of the
staircase, over one of the parlors Of
th.. hotel. The dining room occupies
part Of the west side of the building,
and is about 20x50 feet in size.
Mr.. Lax will spare no expense or
effort in furnishing the new hotel in
the very latest things In carpets and
draperies. some $4,000 worth of fur
niture having been ordered last week.
About the only thing remaining for
Mr.. Lax to do is to settle upon a
several under consideration, among
them being the Calumet and the
North Coast.
Wapato Is now a town of about
200 population, twelve miles east of
North Yakima. on the Indian reser-
walton. 1t has made wonderful pro-
gress in the past year numbering
among its improvements the largest
building for general store purposes
in Yakima county. There are many
fne one and two-story residences
that are nearing completion, a stone
bank building. several stores and a
graded school. Work has been 60
ing on all winter on new structures.
A great drawback to the place. how
ever, has been the poor facilities for
getting in and out Of the town by
ra,i. as the Northern Pacific allows
bit Two passenger trains day to
stop there. the one arriving from the
west at about 10 p. m, and the one
from the east about midnight, SO
that people who otherwise would like
to visit Wapato are obliged to either
walk out Of town or remain there
until unreasonable hours Of night
It Is confidently expected that as
soon as the Sunnyside branch is op-
Grating smoothly. this difficulty will
be overcome.
The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1906-02-21
POBONS IN FOOD.

Z Perhaps you don't realize that
many pain poisons originate in your
food. but some day you may feel a
twinge OF dyspepsia that will con-
vince you. DR.. Kings New Life
Pins are guaranteed to cure all
sickness due to poisons Of undigested
food-or money back. Csc at c. C.
Cases drug store. Try them. k2
The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1906-02-21
Local Notes

Mrs. Frank Lemon of Wapato Wis
tied relatives in the city yesterday.
d. f. Brooks, well known bust
ness man of Goldendale, Wash, was
a guest at the Hotel Yakima Monday.
DR.. Hoffman, the dentist, has ad-
ded handsome billiard table to the
furnishings of his Matches avenue
residence.
E. Hutchinson of the National
Stamp company of this city left last
evening for few days on business
in Pendleton, Or.
Miss Maud Lille of Portland re-
turned to her home Sunday night, af-
ter a visit here with her chum, Miss
Florence Stephenson.
Arie Hover, the vice president of
the Hover Land Co., of Hover, Wyo-
ming, was in the city few hours
yesterday on business.
Edmund Vance Cook, one of the
foremost lecturers OF the American
platform, stopped off here yesterday
on his way to Puget Sound.
The little son of Mr.. and Mrs.
Richey has successfully undergone
an operation in which the little fin
ger of each hand was removed.
That famous Cox family of song
sters is here this week at the Or
pheum and don't forget to see them
ii you want your moneys worth.
The w. r. c. will give Martha
Washington social Thursday evening
February %, at the home of Mrs
robert Scott, 312 North Selah Ave.
Pat Mullins left for Butte. Mont,
Saturday night, to be gone week
or ten days. Pat went over to see
how the copper war is coming on,
and, if necessary, to take a hand in
the game.
The Yakima merchants are scrap
ping and consequently the price of
Yakima Best -four has gone down
five cents a sack. Everybody should
lay in a supply before the scrap is
over with.
H. E. Scott returned home Monday
from visit to his old home in Mich
igan, where he visited his mother,
who has reached the age of so. This
was Mr.. Scott's first visit to the old
home in twenty years.
Mr.. and Mrs. G. M. Mcdonald re-
turned Sunday evening from their
trip to California covering eight
weeks time The trip was made for
the benefit of their health which is
considerably improved.
The Talouse geese exhibited at
the poultry show last week by Mrs
S. B. Readle, carried off first prize
with highest markings over all class
es of poultry. Mrs. Readle also has
some very fine White Rock and
White Wyandotte birds.
Gerald Shelley of the North Yak
ina Drug Co., denies that he has
been appointed a first lieutenant in
the army with instructions to leave
for the Philippines. The informa-
ton which the Herald has in regard
to his case, however. is quite au-
thentic.
Editor Pacius of the Mabton
Chronicle was a business visitor in
the city Saturday. Mr.. Pacius is an
artist of high order on the violin,
and was we'll known as such in this
city number of years ago, when he
appeared on several occasions before
the Ladies' Musical club.
The Yakima Tea Co. has just COM
pleted the installation Of a new roast
ing oven in the rear of their build
ing. and are now prepared to roast
their own coffee to queens taste.
The power is originated by an cleo
trio motor, which also operates the
grinding machines They also pre-
pare their extracts and baking pow
der.
The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1906-02-21

If you have anything for sale.
furniture, live stock. a piece OF I'm
proved or unimproved property. or
something to trade, use The Herald
classified column. Quick results.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-21
BOTH POINTS SETTLED.
Boston Railways Win Overtime Dispute
ard Men Get the Advance.

Boston. Dec. 20-Thc board of arbi-
tratinn selected by the management of
the Old Colony and the Boston Il
Northern street Railways and the Off
cl.ls of the Amalgamatcd Association
oc Street ana Electric Railways to pass
upon questions Of issues between the
corporations and their employees. an
nounccd Wednesday night that it had
decided one dispute in favor Of the
companies ana the other in favor of the
union.
The question. which was decided in
favor of the companies contentious re-
lated to overtime work under the 10
hours in II clause OF the existing ag cee-
mcnt.
The other issue concerned an agree
ment to pay car clearers. repairmen an
advance Of : per cent. in wages. The
companies held that the agreement re-
fcrred to men in their employ at the
time of the agreement was made, bu,
the union claimed that the increase
should apply to hands engaged after.
wards. The decision of this issue is
against the two companies.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-21
CONGREGATIONAL CLUB
Observes Ter centenary of Scrooby
Church and Plymouth Landing.

Boston, Dec 20.-Thc CongrcGat ional
Club held q joint celebration today of
the terCcnt cnary OF the foundation OF
the historic church at SCrooby. Eng.
in 1906 and the anniversary of the land
ing of the Pilgrims from the S,ronby
church ut plymouth.
More than 100 members and guests
of the club Joined in the celebration
ana listened to two speeches by Rev.
William J. Dawson. formerly of Lon
don and now settled at Taunton. and
President William De Witt Hyde Of
BoWdoin College. Both speakers
agreed upon the necessity of n change
in policy ana organization of the de-
nomination in order to meet tn" com
plry varying and broadening lie, dI
of the times and that the present sys-
tom is entirely inadequate.
Rev. Samuel Usher presided and be
fore the formal addresses greetings
were extended to the club by Attor-
ncy General Dana Malone for the
state, and Rev. Fred p. Hag
gard Of the baptist Missionary
Union for the BAPTIST denomination.
Roy. Mr.. Dawson said the isolated
church has failed; what IS needed is
u Itd"rdll"cd 'olSfcSatlonallSlu t.l"t
c"ncrntrtt" all its resources on
any given point in u wide ana con
stantly charging battlefield.
President Hyde said that the tina"
is ripe for he use of an aggressive.
reckless party. which stretches precc-
dent. strains law i need be here aud
there hut does the thing it believes
needs t. he done. The little band that
organized the church 4co years ago,
! Developed principles. and those prln-
ciplcs We're membership that means
something a democracy that does
things ana Il leadership Of light.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-21
SOMERSET COUNTY.

Inhabitants oil Palmyra vs.. Waverly
Wool n Company.
ErScript, Spear, j.
This is an action originally brought for
the recovery OF damages for the loss of
Il bridge erected and maintained by the
plaintiftD across S"l1a SticoOk river in the
iowa If Palmyra. aiirItd To hay" IL, a
destroyed 10y reason 81 Il dam binlt by
tie defendant across tn. river. below
the bridge. ~ amendment il was con
V"l-tcd into an action FOR the recovery Il
the money expended H. erecting II new
bridge to take thu place OF the on" car
ried away. After the plaintiffs lad pre-
scented All thrlr evidence. the presiding
iistirc ordered a n"n-St', To which tho
Plaintiffs excepted
The ease has once been befoi. tn" law
count and is reported III - Maine, l3l In
the first trial the plaintiffs recovered 4
verdict and uI,on motion ~ the defend
ant the court set jhc verdict ;,$td-. The
ground upon which tn" court pro'""d' Il
III concluding tu set the verdict aside WIS
that the frrShet which carried The bridge
away was very unusual although no; I'M
prcctdcntcd. The court SAY: an trcSh"i
in Eel, the water If Inc river rose sud
denly and 50 nigh mat IT tn. bridge 1t
reached the bottom Of thr structure, and
I'll" cakes of lee floating down struck !he
bridge. and threw ii down into til" river.
There was no cvi6rnc" that tn defend
ant company did nnt exercise all due dill
gene" 70 giv" the frcSh't ir"r vent
dam. Tho only complaint WAS that til"
dam WIS too high" Again they say up
on this sam" point: '''rh" bridge was not
injured ~ the highest wIt"r OF amy
frcShct for :: decade. The frcSh"t. in
which it was carried AWAY hy IN" ice
brought down by the Gun rent was Il very
extraordinary one, caused ny unusually
heavy rains at tn" season of melting
SHOWS. This WIS to human k n Il for
tuitous and very ihireou"nt combination
Of powerful natural causes, unusual and
unexpected. The resulting loss must,
therefor. remain Wh"r" it fell.
Tho new evidence. presented If submit
ted 20 the jury. should not have the effect
in tn" minds Of the court, ii il did in that
of tie jury. Of overcoming the testimony
of Numerous witness '; VINO lived in the
vicinity of. and many in close proximity
to. The. bridge that was carried away. th.
exact point OF inquiry, whose evidence
CERT ainly tends To show that the freshct
at this point taken in connection with
he floating mass Of l9". was, under The
| rule of law already laid down in % Maine
unprecedented and of such a character
| that the defer dant should not be- legally
held to have anticipated its occurrence
| Exceptions ovcrruled.
| Reed Dee. 18th, 1h6.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-21

each orifce beyond the main shall be
counted as one tap, except that in the
town hall and in school houses one faucet
may be connected with all the water
closets and urinals in any one bu4ldlng:
But float or spring valves shall be used
in all water closets and urinals and
water troughs, and no waste OF water
shall be allowed"
In addition to the water charged in the
account annexed in this case, the plain
tiff has for many years furnished WIFI
out charge water for the city hall with
thirteen separate taps or faucets, Tor the
city farm with six faucets, and Tor the
city farm stable with one faucet, each
building being connected with the m'illi
by one service pipe. The Plumbing FOR
each Nlter-closet and ior the urinal in
the Town hall is entirely separate and
distinct from that Of each other.
Held. thai each OF these faucets was an
orifco beyond the ma.n and must b'.
counted as one tap. and that the plaintiff
had performed its Tart Of the contract
in this respect by furnishing water AT
lis mains for ut least eighteen faucets in
these publ" buildings.
tn citr having failed to notify the
company Of its ~ 'ctiUn aS 10 what par
ticu#r fal"tts Tn" company should fur
nish witrt.ut cXtri. charge. the company
had q rigtt 20 max" snch election ard
| 10 charge for water furnished in addition
| To that - he supplied free OF charge.
| There being no contract to the con-
| trary. The company had the right 70 pu;
on meters and charge for the water at
| fair and reasonable meter rates.
| Judgment for plaintiff for tn" sum of
| 81, i-,..50 ard interest upon various por-
| tionS thereof frnr, tn. dates Of demand
| therefor to tn" date OF judgment. III"
| case rcm1ined to nisi IriuS For The com
| pu:aticn Of this interest
| So ordered.
| R,cI Doe 18th l,Ii
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-21

ness, offered the records of this court
which, it was claimed, showed the
respondents conviction of criminal Of
fences upon two occasions. The rec
ord offered in each case contained a
summary of the indictment against the
respondent, certain statements as to
the apprehension Of the respondent,
and a continuance Of the case. and con-
Guided as follows: "And now at this
term the respondent is set at the bar
Of the court and the reading of the in
dictment waived, and the respondent
says that he is not willing to contend
against the State. Whereupon, the
court orders and sentences that the
said Daniel II. Herlihy pay fine Of
one hundred dollars and no costs. Fine
paid April IS. 1904" These records
We're admitted in evidence for the lur-
pose stated. subject to the respondent :
exceptions.
The plea of nOlo contendere is an i'm
piled confession Of the offence charged
and the Judgment of conviction follows
that plea as well as the plea of guilty
1t is rot necessary that the court
should Judge that the respondent was
guilty. for that follows by necessary
legal inference from the implied con.
| fession.
Held: That the records offered and
admitted in the case ut bar. were ed
| Missile for the purpose Of affecting
the crcdiblity of the respondent who
had become u witness in his own he
half.
Exceptions overruled.
Reed Dee. 18th, 1906.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-21
SOMERSET COUNTY.

Sliowhcgan Water Company VS.. Show
hogan Village Corporation.
Roscript By WhtchoGse, j.
This is an action of assiImpslt to re-
cover the scmi-anrual instailment of
81 $3.50 for SIN months use of hydrants
under the written contract between the
parties. whereby the water company
agrees to furnish a constant and ample
supply OF potable water under sufficient
pressure fer the eXtincushmcEt of fires,
univnidl Bile accidents excepted.
The defendant Introduced cvid"nc"
tending To show that during the six
months prior t" July |. l"6, The waiter
furnished by thu plaintiff through its
pipes ana hydrantS for the use Of tn" do
PENDANT was not under sufficient pressure
for the eXtinguishm"nt OF fires several of
which occurred during that period; also
that it was not portable.
There VAS no evidence of any damage
To the defendant corporation from any
brec''h OF contract on III" part OF the
plaintiff except as may he nft rr"d from
the foregoing.
| The presiding i,iiE" instructed the Jury
| inter ali:t as follnws:-
Has the plaintiff performed is contract
| in This PARTICULAR during that ;rrin? If
| Il has. ana if it has supplied potable
| water. under sufficient pressure, then il
| is entitled to its contract price. II il has
| not. then come - another ami W ~
| important question. The defendant does
| not seek to hdNa its damages sustained by
| u ilooSh me pl'lht'l bita'h "l CON
| tract SET Oh, or r"r""l'' as We Sniil''-
tines say against tii'' hi"in'lh r!HIiii'
| II IL dil III ord''r !" tSt'"llSh my ~
| lrhSH ~ an ~ w"uIh be necessary 70 snow 10,
| that the defendant corporation itself had
| been difl!aEeu -ii'i properly hlireu-nN
| reason OF the loss OF pressure. IN" loss
IS which inhlVldliiiS IN IN" corporation
| that is, IN" tiz"nS.-indiVI''lt!s IN IN
town. may nay sustained ar" h"t 10 ~
| '"hSih,t' a.. ih'F ar" h"t In'ri'7 10 'l'l'
.txts.
SUI. III : mercy = ~. n''"' ~ ti,,,i'
| "" if'i'''S nom ',ip"l"tl"i' UPON III
r"ht'a', ana ~ "t"'r l" n'N'' my u'''il
| hE"S ail""'u or r'',"ul"'. II ""h"i u
necessary |" snow 'hit me, tnIP,i F." ti'! =.
| IN ! 'oi i"'' dti'" Ii'lS "'n i'''ii'u ~ N
| pf"r'"'N ny 'l' VAN "i pressure WHY
inc contract 'aied i"r
IN" general f,il" IS 'nal "n"r' Il ma, ma
ms 'Sft." !" - = II Ni,,' l'i no ~ !
70 4 r'ttdil tN''h,' II H i l'f.N
way. ath l'hS !" q" th't E''n' II. - "
rN'',t ~. ~, ','' H. 81 49, !! III u WV
| i'f"'H WY, 'H'h th,' f''Ii''I,t win niI,i.
H. 'uhlr"rnS rl'N ~ "i!' = ~" 'l,,ii+'
IL hti\ II III" !" ".'lu '.P TIL III :,
~ ~ ~ ~ y ',' ~ ~,
| I'M !Si "'l't -, ~" =. ray ~
VOL" ar, - ~ :" H. ,'', a, ny II ,, ,n
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-21
HANCOCK COUNTY.

state or Maine vs.. Daniel II. Hcrlihy
RrScript by Wiswell. &. J.
At the trial of the respondent before
the Ellsworth Municipal court. upon
the charge of keeping Intoxicating
liquors intended for unlawful sale. one
J. NJ. Mcfarland testified as u witness
was found guilty in that court and
sentenced. and the case was then
brought to the Supreme Judicial cnurt
FOR Hancock county upon the re-
spondent'S appeal. Prior to the trial
in the appellate court. Mcfarland died:
ut that trial the death Of Mcfarland
having been shown. the state offered Ia
prove his testimony 1t the first trial al
the case before the numerical court. by
the judge Of that court who presided At
the trial. This testimony was al
mittcd subject To the respondents eN-
Crption.
The rule is 50 general as to have he
come practically universal that tn
testimony of Il witness. since deceased
given At 4 trial In which he was cross
examined by the opposite party. 81
where there was an opportunity f"l
cross examination. is admissible i,
evidence at a subsequent trial Of tn,
same action or proceeding.
The testimony of q deceased witness
on a former trial of til" same action
may be given in evidence. If The sub
stance of 1t can be proved. although
the exact language cannot be. Tha
II Is sufficient 10 prove the substance
of the testimony Of & deceased witness
as held by the court of Maine, is nny
the almost universal doctrine.
Held: That the testimony Of III
Judge Of the Ellsworth municipal
court. who did not pretend to be abb
to recollect the precise words of III
deceased witness. but who testified tina
he could give the substance of tn
whole Of. his testimony at the forme
trial .of the case that testimony hay
ing been given in the presence of tn
accused. where he had an opportunit
to cross examine the witness, wa
properly admitted in evidence.
At the trial in the appellate court tn
respondent took the stand and testifie
in his own behalf. Thereuron III
State. for the purpose Of affecting tn
credibility Of the respondent as vii
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-21
CARNGGlE'S PARTNER.
Henry McCrory, Steel Expert, Dies at
Williamsburg, Pa.

PIttsburg, Dec. @0.-IIcnry McCrory.
for years identified with the practical
end Of the steel industry. a brother-in-
law of President W. +. Corey Of the
United States Steel Corporation. and
who was one Of the Junior partners"
of Andrew Carnegie, died at his home
in Williamsburg lest night. Mr.. McCrory
was one of the most prominent techni-
cal steel men I'M. this vicinity.
Six years ago. when Andrew Carne-
gle set apart his famous Junior part
ner's fund.- for his faithful employees
who started with him in the steel bus
mess. Mr.. McCrory was made one Of
the Junior partners" and it is stated
received a block of $4,000 worth Of
stock. the highest amount given to any
of the Junior partners"