davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1906-02-15
ents, VS.. r. 3. Burger and l.. w.
MovitIs snneliants

ents, VS.. r. B. Burger and L. w.
Movius, appellants.
l. Where an action is properly
triable to jury but jury is express:
ly waived and it is tried under section
$500, Revised Codes of 1899, and all
the evidence that is offered is re-
ceived, although some of it is objected
to, this court will not remand the
cause for another trial under said
section which authorizes this court
to grant another trial where neces-
sary to the accomplishment of justice.
2. The reception of such evidence
under such circumstances although
it may be error, does not authorize a
new trial under said section, but is an
error of law occurring at the trial
which must be objected to, excepted
to, specified as error in the statement
of the case, and assigned as error be-
fore the same will be reviewed in this
court.
3. An amendment of a complaint
after notice and about sixty days be-
fore the trial, which does not sub
stantially state different facts, is
permissible, although the prayer of
the original complaint is one appli-
cable to claim and delivery proceed
ings, and that of the amended CON-
plant pertains solely to a demand for
damages for the conversion of the
property. -.
4. A demand followed by a refusal
to deliver property is only evidence
of conversion and need not be made
before the commencement of the &C
ton in case a demand, would be
obviously unavailing, as when, by
pleading and proof, the property is
shown to be detained under claim
of absolute right. -. s
Appeal from the district court of
Ward county; L. ]. Palda, Jr., Judge.
George H. -Gjertsen, Newton &
Dullam, of counseD, for appellants.
Jerome Parks, for respondents.
Opinion by Morgan, C. ]. Judg-
ment for plaintiffs and defendants ap-
peal. Affirmed.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1906-02-15

a. y. More and John 4. More, CO.
partners as More Brothers respond
The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1906-1907, 1906-12-31
The Eye Of a Child.

Who can explain or fathom the won
drous instinct Of the child? Lying in
the arms of Its nurse, In its carriage or
elsewhere, Its large, round. wondering
eyes roam over sea of faces till sud
denly its features break into a sweet
smile, a baby laugh dances in Its eyes,
perhaps the tiny hands are extended,
and the little body gives a bound as
though 1t would throw itself through
space. What has happened2 1t has
recognized friend. nothing more and
no less. II makes no mistake. Wiser,
perchance, In that moment of inoxperi-
enced helplessness than 1t will be years
afterward, when the world and It's In
mates have been studied in the light
OF instruction and experience, It's love
Offering Is seldom II ever mistakenly
presented. BY what power Is this child
love directed2 BY what subtle influ-
enee does 1t see and know what in
after years II may strive In vain to
discern2
The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1906-1907, 1906-12-31
FORCE OF WATER.
The Great Power That IL Exerted By
Six Inch Stream,


The Great Power That IL Exerted By
SIX Inch Stream, 49,
The effect Of the hydraulic motor,
which IL now used for the purpose Of
removing masses Of earth, well nigh
passes belief. A stream Of water is
suing from pipe six inches in dame
ter, with fall behind 1t Of 375 feet,
will carry away a solid rock weighing
q ton or more to distance of fifty or
a hundred feet. The velocity OF the
stream Is terrific, and the column Of
water projected Is so solid that II a
crowbar or other heavy object be
thrust against 1t the lmplnglng object
will be hurled a considerable distance.
BY this stream of water man would
be instantly killed II he came in CON
tact with It even at distance of a
couple Of hundred feet. At zoe feet
from the nozzle a six inch stream, with
a 3I5 foot fall, projected momentarlly
against the trunk Of a tree will in a
second denude 1t OF the heaviest bark
"a cleanly as II 1t had been cut with
an ak. Whenever such a stream Is
turned against bank 1t cuts and bur-
rows 1t In every direction, following
out great caves and causing tons Of
earth to melt and fall and be washed
away In the sluices.
The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1906-1907, 1906-12-31

Carlyle as a schoolmaster was a
terror to evildoers, Even the biggest
and boldest boys wllted when he
growled out ''lunce" or ''blockhead."
He did not thrash often. as his scowl
was enough TO hush whole school,
but when he did thrash he meant bust.
ness. One cey joiner passing along
the road heard the most piteous bowls
and cries for mercy and help coming
from the schoolhouse. Rushing In and
handing his AK to Carlyle, he exclaim-
ed:
"Jist doo't ootricht, mon, and no
mlnce matters"
The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1906-1907, 1906-12-31
FISHERMEN.
There Are Two Glasses, the GenuAns
and the Pretenders.

There Are Two Glasses, the GemuAne
and the PretendeFs.
1t has sometimes been said that fsh.
ermen cannot be manufactured. This
is true to the extent that nothing can
supply the lack of certain inherent,
constitutional and Unborn qualities or
traits which are absolutely necessary
TO a fisherman's makeup. OF course
there are many who call themselves
fishermen and who insist upon their
membership in the fraternity who have
not In their veins drop Of legitimate
fisherman blood. Their self asserted
relationship IL nevertheless sometimes
seized upon by malicious or ignorant
critics as permitting the assumption
that the weaknesses and sins of these
pretenders are the weaknesses and
sins Of genuine fishermen. But In
truth these pretenders are only inter
lopers who have learned a little fish
language, who love to fish only "when
they bite" who whine at bad luck,
who betray Incredulity when they hear
rousing fish story and who do or
leave undone many other things fatal
to good and regular standing. They
are like certain whites called squaw
men who hang about Indian reserva-
lions and gain certain advantages in
the tribes by marrying full blooded In
dian women. Surely no Just person
would for moment suppose that gen.
uine Indians could be treated fairly by
measuring them according to q squaw
man standard. Neither can genuine
fishermen be fairly treated by 1udg-
ing them according to the standards
presented by squaw fshermen.-Tro
Fishing and Shooting Sketches" by
Grover Cleveland. -
The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1906-1907, 1906-12-31
Notice.

Occur d'Alene, Idaho Dec. "a. 1906.
To the contractors Of Occur d'Alene,
and all others hom it may con-
Germ:
At the last regular meeting of local
Union No. 1901, u. B. Of g & j Of A.
held Dec. %. 1906, the following
resolution was submitted to the Tn
ion:
Resolved that on and after the 4th
day Of March, 1907, the wages for
carpenters shall be 90 cents per
hour.
And be 1t further resolved that all
buildings now under construction,
and contracts now entered into be
exempt from the increased scale. At.
ter a thorough discussion by the
members of the above named union,
the resolution was unanimously
adopted.
contractors and builders will there
fore take notice and govern them
selves accordingly in entering upon
new contracts. -
w. A. ANDREW,
President.
F. @. SMITH,
Recording Secretary.
The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1906-1907, 1906-12-31

Il y0u va . remoye avaEIeA "a
The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1906-1907, 1906-12-31
Not1ce.

Mrs. Beatrice Deitrick will test
voices without charge at her studio,
suite 3, Sander block, on Monday
and Thursday afternoons. She will
be happy to meet Occur d'Alene ar
lists and music lovers. Phone 80 X.
The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1906-1907, 1906-12-31

What you learn from bad habits IN
bad society you win never forget. and
n win be lasting pang to you, I tell
you in all sincerity. not as In the en-
element Of speech. but as I would
confess and have confessed before
God. l would give my right hand II I
could forget that which have learned
N bad soclety.-John B. Cough
The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1906-1907, 1906-12-31

Were you ever really glad to hang
a manY"
'0nly once" answered the sheriff.
II had prepared him hearty break
fast OF steak, eggs, potatoes, wafies
and coffee"
"YesY'
"And the Internal migrate demanded
stewed oats instead. "-Louisville Cour-
ter-Journal.
The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1906-1907, 1906-12-31

.Bobbis. hope you didn't tell your
mother that you saw me Kissing sister
last night"
sNopa. I didn't have 10. Sis walked
as all up at midnight when you went
home and told II herself. -AIlnneapO-
lis Journal
The San Francisco call., 1906-07-27
Personal.

OAKLAND, July 26.-Arthur Cos
grave, wife and daughter, who are
making an extended tour of the States,
are registered for a short stay at the
Hotel MetropOle While the party were
travelling through Texas a few weeks
ago their train was wrecked and Miss
Bernice Cosgrave suffered severe In
juries. Plucky and determined to finish
the tour, she is hobbling about the
hotel on crutches. The Cosgraves will
leave for Portland early next week
]. H. Nolan and wife. tourists of Bis
bee. A. T, are at the Crellin.
Theodore Heller of Bakersfield is
registered at the Hotel Touraine
S. G. Bennett of the United States
Government Survey is making a short
stay at the Athens.
o. B. Suhr, business man of Provo,
Utah, is at the Crellin.
l. Ramsay of Kansas City is at the
Touraine.
The San Francisco call., 1906-07-27
HUSBAND TOO sTUDIoUs.

OAKLAND July 26.-Because as she
asserts, he failed to quit spending all
his time ia the law library Of the Uni
versity OF California at Berkeley, Mrs.
Bertha Cless left her husband, Alfred
Cless. a former Judge in Germany, and
moved 10 Monterey
Several times before taking this
drastic measure Mrs. Cless asked her
husband TO desist from his continual
study ia the library. But Cless, bent
on research among the musty law
books, was Unheedful of her requests.
Later. Cless brought suit for divorce
against his wife and on her failure to
answer the suit within the time limit
default proceedings were entered to-
day.
Judge Ellsworth granted a final de-
cree OF divorce today to Jane Enloe
from Enoch Enloe on the ground Of
desertion.
Judge Waste granted interlocutory
DEGREES TO Edna J. Wright from Will
lard r. Wright on the ground of deser-
tiOn and Aggie Carlen from Harry 7.
Carlen on the ground Of desertion.
Ella ". Wilson brought suit for di-
Vorce from William s. Wilson on the
ground Of desertion. She claims that
he deserted her while they were living
in Los Angeles on January Is, 1905.
Emily Z. Hancock brought suit for
divorce from Joseph Hancock today on
the ground Of desertion.
The San Francisco call., 1906-07-27
SHEETED PHANTOM
STEALS REASON.
Aged Henry Eddy Pur-
sues Ghost in Room
Till Brain Totters
TAKEN IN CHARGE

OAKLAND, July 26.-Ima gining that
ghosts are haunting his room at night.
and suffering under the hallucination
that the hand of death is resting heav-
lily on his stopped shoulders, Henry
Eddy, carpenter, aged II. residing at
Second street and Broadway, was taken
TO the Receiving Hospital this morning
TO be cared for until he can be exam
ined as to his sanity.
While confined in the hospital last
night Eddy attempted to move his bed
out of the room In a search for the
ghostly spectre which he claims haunts
him nightly. Dashing around the room
in scanty attire, the aged carpenter
made a pitiable sight as he attempted
to capture his sheeted ghost before it
escaped out of the window.
Eddy's attempt to capture the ghost
at the rooming-house at which he re-
sides was the cause of his being trans
ferred to the public hospital. He made
the night hideous by his screeches
while in search of the phantom. Moving
the heavy furniture into the hall sew
eral times each night was far from
conducive TO rest on the part of the
other Inhabitants of the rooming-house,
and last night he was removed by the
police to the Receiving Hospital. He
will be examined tomorrow.
The San Francisco call., 1906-07-27
SNEEz|NG PEOPLE
VOICE PROTEST.
Oaklanders Ask Court to
Close Edwin Moody's
Clothes Renovatory
IN POLICE COURT

OAKLAND, July 26.-Department 1
OF the Police Court was thronged with
witnesses this afternoon, each of whom
was eager to relate to the court how
life had been made miserable in the
vicinity of East Twenty-first street and
Seventh avenue by the fumes from a
cleaning establishment conducted by
former School Director Edwin A.
Moody. The latter is charged with the
maintenance OF a public nuisance, and
If the stories of the witnesses for the
prosecution are true the charge is well
founded.
Moody is the proprietor of an estab-
lishment where speciality is made of
the renovation of mechanics .overalls,
and according to testimony presented
by Special Prosecuting Attorney James
A. Johnson the fumes of the chemicals
used in the process keep every one in
the neighborhood coughing and sneez-
ing. Complaint is also made OF the
noise made by the various machines op-
Grated in the cleaning plant, which is
said to be audible for great distance
Moody is represented by Attorneys
Tom Bradley and James Greeley, and
every point presented by the prosecu-
ton is being hotly contested.
Among the witnesses who testified
this afternoon that the establishment
conducted by Moody is a menace to
health and comfort in the neighborhood
were Mrs. NJ L. Hunt Mrs. G. H. Lara
bee, Mrs. NJ. Vail, Mrs. ]. NJ. Lombard.
Mrs. ]. Baker, Mrs. NJ. Cosgrove, Mrs
M Langdon, Mrs. NJ. c. Smith, Mrs. Kate
n Petherick, Mrs. Catherine Mater, Mrs
Cox and Mrs. Timmons.
The case is being heard by Acting
Police Judge William r. Geary.
The San Francisco call., 1906-07-27
STANFORD QUADRANGLE
Is TO BE REMODELED
Work of Making Structures Earthquake
Proof is to Be Rushed to
Completion.

STANFORD UNIVERSITY, July 2e.-
The buildings of the quadrangle of
Stanford University will be remodeled
and placed in absolute earthquake
proof condition, says President David
Starr Jordan The structures of the inner
court were but little damaged by the
quake. The repairs will not amount to
S35. The outer quadrangle did not es-
cape so easily. The buildings at the
corners were badly Jared and broken.
The ground floors of the Physics and
History buildings viii be the only ones
opened for use this semester. The
upper floors will be reconstructed with
steel beams and girders inserted in
such a manner as to make them i'm
mune from future shakes. This work
can be carried on without interruption
TO the academic work. With the chem
istry building the same plan will be
carried into effect Professor Swain
is engaged in getting the laboratories
on the first floor in working condition
and arranging the lecture rooms. This
work will be accomplished before the
opening of college.
The San Francisco call., 1906-07-27
FIGHT FOR CONTROL
OF LABOR PARTY.
Club Organized to Battle
Ormsby Forces at the
Primaries Next Fall
OFFICERS ELECTED

OAKLAND, July 26.-To gain control
of the Labor party organization in Ala
media County and to give battle at the
primaries against the organization
headed by A S. Ormsby is the avOwed
purpose Of the Union Labor Political
Club, which was launched last night at
a meeting of trades unionists who are
affiliated with the Building Trades
Council.
The new club will affiliate with the
Central Labor Union Club and make a
fight throughout the county.
This movement is independent OF the
Central Labor Councils convention.
which has been called for Sunday after
noon, but it is expected that the organ
ization will confer as to a general plan
of campaign
Those who compose the working
heads Of the new club are: President.
j. B. Bowen; secretary, Frank III. Pratt;
executive committee-R- P. Poorman,
Painters Union No. 127; ]. W. Bibby,
Carpenters Union No. So; A. b. Lewis,
Carpenters Union No. 1867; G. A. Fish
er, Upholstsrers' and Carpet Mechanics
Union G.. d. Rogers, Typographical
Union; C. r. Elder. Brick, Tile and Ter
ra Gotta Workers Union: ]. T. Kerns,
Plasterers' Union.
The club will be open to trades union
lists and their sympathizers- A meet
ing will be held Sunday afternoon at
o'clock at 459 Eleventh street.
The San Francisco call., 1906-07-27
BREWER ESTATE GIVEN
over TO EXECUTORS
Superior Court Names Children to
Take Charge Of San
Mateo Property.
SPECIAL DISPATCH TO THE CALL

REDWOOD CITY, July 26.-George
H. Buck, Judge of the Superior Court
of San Mateo County, today appointed
DR.. William A. Brewer and his sister,
Miss Adalane M. Brewer, executor and
executrix of the will of their mother,
Mrs. Frances c. Brewer. The deceased
was the widow of Rev. Alfred Brewer,
who founded the first Episcopal church
in this county. The property included
in the estate consists of St Mathew s
School and several pieces of real es-
tate scattered throughout the State.
The estate Is worth about 100000. The
will provides for the maintenance Of
the school as long as 1t is deemed feas-
ibIe, and devises $500 to the domestic
and foreign mission of the Protestant
Episcopal Church. The balance goes to
the children, William A. Brewer, super
intendent of st. Mathews School, Ed
ward Brewer, Susan Brewer and Ada
lane NJ. Brewer.
The San Francisco call., 1906-07-27
TELLS RUSSELL HE is
CHAMPION PREVARICATOR
Police Judge Expresses Opinion
of Oakland Carpenter Who
Neglects Family.

OAKLAND. July 26.-Police Judge
SamUels this morning branded George
H. Russell, a carpenter residing at 927
Pine street. as the greatest liar he had
ever heard. Russell was brought into
court on a bench warrant to explain
why he had not provided for his wife
and children, though ordered to do so
by Judge Samuels. He tried to make
the court believe that he had misun-
derstood the Instructions of the Judge,
but the latter interrupted him with the
following caustic declaration:
You can tell more untruths in sec
ond than any other man l ever saw
You have way of coming into court
and glibly saying nice things in an ef-
fort to slip out. I am becoming tired
OF this, however, and if 1 had my way
I would send you to jail for sixty days"
Russell was then ordered to appear in
court each week and give an account Of
himself
The San Francisco call., 1906-07-27
Brief City News.

JUROR CONFESSES BIAS.-Charles c. Car
penter. one of the Jurors that convicted Gustave
SWORN to an an paf2avit that after he had heard
the evidence he became prejudiced against the
Jury bore an Endorsement announcing that Holm
gren had been convicted of the same charge by a
previous jury. This affidavit was dled in the
United States District Court yesterday by Mar
shall B. Woodwork in support Of his motion for
a new trial. which was denied.
OBJECT TO BOILER.-A large number of
peryisors' FIRE Committee to object to the grant
Ing Of the petition Of ]. II. Kruse to operate a
boiler and engine in planning mill on Treat
third streets 1t was represented that the engine
would endanger property In the vicinity.
WOULD LAY SPUR TRACK.-The City
pervisors yesterday for a permit TO lay spur
track from the Southern Pacific Company S
avenue, to a lot in block 80 OF the Mission Dis
trict.
BUILDING Law PRINTED-A pamphlet
san Hs Just been issued By
Levy Of the Board of Works for free distribu-
tion.
for building permits were lled yesterday by E,
W. Hopkins, Front street, between Clay and
washington, $4,000; Mrs. 4. winkle. southeast
corner Of Lyon and McAllister streets, $4,000.
$1,000. sIa 6As o'aD' ~ ~ pa'
WILL TAKE UP EMERGENCY TRACKS
j. ID. Harvey. vice president OF the ocean Shore
Railway Company. notified the Supervisors
street COMMITTEES yesterday that the company was
prepared to carry out the order of the board
that the emergency tracks on Howard street be
removed within forty-eight hours.
COMMITS SUICIDE.-Hugh Clark, a cement
worker, living at 514 Minnesota street, was
found dead In his bed yesterday morning by @.
L. Driefer. Near the bed was an empty bottle OF
carbolc acid.
COLLINS GETS HIS APPEAL.--George D.
Collins guarded by Deputy Sheriff 7. @. Maher
appeared before Clerk eazley Of the United
States Circuit Court yesterday and presented a
writ of error enabling him to take an appeal to
the, United States Supreme Court from the judg-
nient Of Superior Judge Hebbard denying his mo-
tion for a writ Of habeas corpus. Clerk Beaiz-
ley certified the writ and Collins took 1t to Judge
Hebbard, who will pass upon the matter todGy
and hear Collins application to be admitted to
bail pending the appeal.
RAILROAD COMPANY SUED.-The United
States of America, through United States Dis
trict Attorney Deylin. filed suit yesterday to
recover from the Central Pacific Railroad Com
pany $1,000 the value of five parcels of land in
the Marysyile district, sold by the company to
private purchasers 1t is alleged that the rail-
road company did not possess a valid patent to
the land.
The San Francisco call., 1906-07-27
REPUBLICANS ORGANIZE.

HAYWARD. July 26. The Forty
sixth Assembly District Republican
Club was organized last night, with a
large attendance. The officers are: Pres
ident, H. ". Meek; vice presidents, I.
3. Parsons, William Zambresky, J. A
Park: secretary, George A Oakes;
treasurer, +. I. Lemos.
Resolutions congratulating Governor
George C Pardee upon his administra-
tion and indorsing him for reelection
were adopted, as We're similar resolu-
tions indorsing Congressman ]. r.
Knowland. Assemblyman E. K. Strow-
bridge, Superior Judge T. ". Harris and
Public Administrator George Gray.
The San Francisco call., 1906-07-27
BIC POWER PLANT
FOR PALO ALTO.
$4,000 of Bonds Sold
to Increase the Water
and Light Supply
SPECIAL DISPATCH 10 THE CALL.

PALO ALTO. July 26.-The Trustees
or the town of Palo Alto. 70 meet the
increasing demand upon the Municipal
Electric Light and Water Company.
nave sold $4,000 of bonds TO install
additional apparatus in the power
house and pumping station George
Parkinson, the town treasurer. and
John f. Boyd, clerk of the municipal
ity. journeyed to San Francisco to close
the deal with the representative Of
otis & Hugh of Cleveland. who have
taken the securities. The transaction
was arranged through the agency OF
the Nevada Bank. The bonds bear an
interest of per cent and will mature
in forty years from March 8, 1905.
The additions to the equipment will
provide so per cent more power and
water and will be ample for a city OF
1000 inhabitants
The San Francisco call., 1906-07-27
Trades COUNCIL MOVES.

OAKLAND, July 26.-Forced to va
cate the structure at the southwest cor
ner Of Eleventh street and Broadway.
the Building Trades Council of Ala
media County has leased the Dietz
Opera house at Twelfth and Webster
streets for a term Of seven years and
viii occupy the new trades unions
headquarters August !. The building
viii be remodeled so that lodge halls.
reception rooms, a social hall and other
conVeniences for the use Of the unions
shall be furnished.
The removal of the Building Trades
Council is the result of a deal by which
the United Cigar Stores Company
gained control of the block at Eleventh
street and Broadway.
The San Francisco call., 1906-07-27
10 ENTERTAIN GROCERs.

OAKLAND, July 26.-The Retail Gro
GERS Association has begun prepara-
tions for the entertainment of the State
Grocers' Association. which will hold its
annual convention here September "a
and %. Theater parties, trolley rides
and a banquet are planned to relieve
the formalities Of the conventions busi-
ness sessions.
Warnecke of Alameda. Andrew ]. Nor,
Il. D. Cushing and George Hoffman are
q committee which represents the Mer-
chants Exchange in the work OF ar
rangements. H K. Duncan is president
and r. D. Holmes secretary Of the Gro
GERS Association.