davidaulloa/AmericanStories huggingface dataset:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22
Penobscot County Rescript.

AMERICAN MERCANTILE EN-
CHANCE: Us. \. &. Hunt.
Ecs, riit. Spear. J.
This action il based upon 4 contract
wherein the plaintiff AYERS that the IL
PENDANT has failed Of performance OF his
part and in consequence of such failure.
is indebted To tn" plaintiff in Tho sum Of
So. The essential part of tn" contract
under which til" plaintiff claims Is as FL
bows
In consideration "f an annual Contract
III al,"vo Agency. | hereby Igrr" to pay
said A;;,n, Y. or "rlrr. all sums OF m"nr'
as cnllc,.t.d ont of accounts placed IN
said AZ, nry'S hands 10y me. wh"tl;,r sub
collections on settlements are mad.
through said Ae"n'y's. "fii"" or by m
son in my brnalf. until the same shall
amount to Twenty Dollars, ana ] fur
ther agree to send to tn" said Agency On
or before ten days lrcm date. ten ac-
| collars shall h"r"m" du" and rt%abl" l.
said Agency. or order, on demand
THIS agr"n'..nt WAS nr"n"r!v executed
~ the plaintnn and dofrndani
We hereby 3@rrs. t. subscribe tn NnUf
Exchange under the following special
l. rms and conditions
You VIII employ Your system 10 col
l.ct all claims W" may III zee in your
hands. suing where You deem advisable.
AMI using legal means to enforce pay
ment from d"htt rs in any part Of the
United States and Canada. and all such
claims shall be subject To our control or
withdrawal; unless legal action has n"en
taken. and all debts that may be Idvcr-
,iSed for sale shall he held at the figures
quoted by MS.
1t will I've observed by the use of the
Language in the first clause of this stiru-
IatiCn 'yOu VIII employ Your system t.
collect I'll claims etc" THAT the written
contract herein Set forth did not state OF
contain all the clements Of the contract.
" hat tie plaintiffs system above al
lr,!ed to was. is not stated. The trSti-
n,onv. however. fully describes tn" "SyS-
tenn employed by the Agency in the col
lection Of accounts.
The agent of the Company testified that
among other things to be done tho ac-
count would be advertised for sale ~
public posters. and enclosing them Gh
creditorS> a copy of the posters that had
already been published" This system
became an important Part OF the con-
| tract Tho plaintiff. III order to c0mDly
| with tiic terms of the contract with tn,
defcndant must have stood ready to per
| form all the things stipulated to be done
| in the use Of tho system"
! The contract in question was rnd1uht
! cdlv y continuing one and would bind thu
| defendant to pay his subscription yearly
! unless abrogated by agreement Of tho
| PARTIES or the operation of law. There Is
NO pretense that the contract was mu
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22
SPARKS FROM MAINE WIRES.

William L. Hutchinson, n Portland gro
Ger. went into voluntary Bankruptcy
Tuesday. His schedule shows total liza
bi!ities of $50. and his assets amount t"
$li7G. David w. Haiey. Il restaurant
keeper, whose petition in bankruptcy was
filed Tuesday. owes 500, ana has assets
Of $l57.
Tho new BAPTIST church at North Bcr
wick, which will replace the old fashion
ed wooden house of Worship burned Ma"
Il last. will cost about 5000. 1t is d."
signed by J. Herbert Richardson Of Do
Yer, n III. Work viii soon cnmm"nc"
upon its construction. ana it is to y"
completed by May l, 1907.
Funeral services; for Augustus y. Morse
We're held Tuesday afternoon at his home
on Washington street. Bath. Rev. II. L.:
II"lt Of Wesley Methodist church ofii :
c:ating. The raIlbelr'fs were Henry y.
White, capt. Charles DinGlcy. John
Hughes and Frank A. Small. The burial
WIS in oak Grove cemetery.
w. a. Morrill, freight brakeman on the
Boston & Maine. received Il bad cut in
his head Monday by being struck by u
guy Nirr Mile riding on top Of a car At
Far Mills Mr.. Morrill, Was knocked
down with such force as t. make Il bad
cut on his head. Or '. G. T"lman dress
ed the wonnd ana the mar was taken to
his home in Portland.
Potter E,langcr, the young man who
was convicted in the i:ld"furd police
court on n charge Of breaking INTO Car
ius Iicard's hardware store in the night
time Gn oct. !. ana who was con,lt-
ted to Alfred Jail is suffering from Il
disease which phyeicians call hydro
PHI, bia. Ills condition is such that he
has to be watched constantly and at
times much force is necessary to hold
him.
The cornerstone for the new county
court house at Portland is to be laid
Wednesday. Nov. IS. The ceremony will
be very simple. The principal address
will be made by Chief Justice Wiswell
of the supreme court and speeches will
also be made by Judge Turner. Charles
L. Libby and Mayor Clifford. Mr.. Lib
by received letter from Judge Wis
well Monday in which the Judge wrote
that he could be in Portland either
Tuesday or Wednesday, and Wednes-
day VAS the day selected for the event.
A year in the navy, nearly three years
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22
CONDENSED DISPATCHES.

The British bark Reform from Rio
.Janriro for st. Martins and Boston.
rcrnrt-d wrecked off Earuda island.
had no cargo on board.
William ". Goodrich. formerly pre-
sizing justice Of the appellate division
of the supreme court in brooklyn. died
in brooklyn Wednesday of pneumonia.
III" was years old.
The Cunard Line steamer caxonia from
T:oeton for Queenstown and Liverpool.
arrived of Qu"' nSt"Wn early Wednesday
morning, but owing to the bad weather
prevailing she proceeded without landing
her passengers.
The government Of the Congo Indepcn-
dent state has accepted the recommended
ton of the commission of inquiry into
the administration of that state and has
abolished compulsory labor in the dis
trict of Eatanga. Hereafter the negroes
VIII pay their taxes in money.
The Boston fishing schooner Frances
WhalCn went aground during Tuesday
night on the bar about two miles west
of the Race Point life saving station
at ProvincctOwn, Mass The life saw
ers went alongside during the morning
and assisted in floating the schooner,
which was apparently uninjured.
Karl ITau. alias Stau, the professor Of
Roman law in George Washington Uni
vcrsity at Washington, j.. c., who was
arrested in London Nov. S. CHARGED with
the murder Of his mother-in-law at Ba-
den Baden. was brought up on remand
in court Wednesday and was again re-
not arrived from Germany.
Mr. and Mrs Frank j. Could. star
for Europe Tuesday on TIE Kaiser VIII
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22

t;idllv cancelled but the De PENDANT AYERS
that It's further performance w;ts made il
legal by In" enactment Of chapter IT. of
Public Laws III 1850. which went into II :
feet April Ii. 1889, seven months before
tn maturity Of the second years sub
H''".9tion. T." til" contract the @ubsrrip
ti''' was not du-. until tn" end OF the
year This act IS now incorporate i'll
chapter I3". sec :. ot the REVISED Stat
ut,S. as follows: ~" person. firm "r
cooperation. Shall publicly adv,i rise for
S'ir i'll any manner whatever. IN for amy
other purpose whatever any list OF lists
of debt. dues. accounts. demands, notes
or Jud=m,htS. containing Tn" names of
any OF all OF the persons who own tn"
same. Any such public advertisement
containing TIL" nanlc of but on" person
vino owes as aforesaid. shall be construed
~ q list within the meaning Of sad see
ton. ANY person. firm or cor;ior,iinn
violating til" provisions Of this section
shall he liable III AN action of debt to a
l"ralty not exceeding Sl'0 Or not less than
81. to each and every person St4Vcrally
and not Jointly whose name appears III
any such list.
effect -\lril ~; l>'n. absolutely pi',hinit.,d
tn" I'iail,titt: from using that part ~ its
accounts would D. advertised frr sale by
public poster.
it is presumed that the plaintiff did not
violate this statute and did not. suisse
qn"ntly Ia III" Dat" when IT took effect
Inst any list of '"Innu"lnt debtors ,.i's
til on tue I6t! ot .inril. 1899. and ceased
to perform its contract in respect I"
resting lists nf debtors names ANA advt.r-
Using tn" Judgment fer sale
Rut the fu!l performance Of its contract
WIS 4 condition precedent h. tn" right Of
tn, IlaiatiT t. Recover tn" annual pay
mcnt agreed upon. whether The non per
fo:nInc' was caused either nv the fault
IL tho plaintiff. by mpoSsihilltY. Or by a
Stntut" prohibiting the performance. The
law. however. excuses the plaintiff from
from liability for non performance" hut it
Does not leave il ii: q position To maintain
an action for r"r1vcry upon an entire
contract tho ncrfnrmINco of amy ra:t Of
winch is prohibited lay statute, even if
performed.
In the case NJ bar the contract is entirr
an6 a part Of it becam" Illegal. NAHUM
rohjlittln. ut once un"n the effect Of tn
statute. TH" advertisement of n singh
account for sab. hssacvcr soon after tho
statute h"camc = law. would h9v. sub
ie'tcd the plaintiff 10 the penalty nrc-
srrbcd.
Therefore il thu plaintiff during the
second Year Of tie contract ard before il
vas performed. was prohil':tcd hv Inv
FRI m III" rcrformanc" of any material
stimulation. the entire contract for tn.
v"lr failed and it cannot recover even for
tn" part performed.
For the third and subsequent years for
which il has brought S,lit the prohibited
mart of the contract was Illegal from thu
| b-Ginning of the wear and no recovery
can y" had for any Of these wears
i'ndcr the contract tn" ha'anc" Of the
! first year suhscripticu Sill is barred by
the statute Of limitations
judgement for the defendant.
Reed Nov 18th, 1906
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22
AUGUSTA YACHT CLUB
Holds Baked Bean Supper and Special
Meeting, Wednesday EVENING.

The Baked Bean supper given by the
Augusta Yacht Club at the clubhouse
last evening was very enjoyable af-
1air- over 80 people participated in
the FEAST which was as excellent as II
was beautiful and all voted it a suc-
cess.
after supper special meeting was
held IN the reading room and several
questions of Importance were taken mn
and disposed of. The matter of keen
ing the clubhouse open during the win
ter was laid on the table until liza
next meeting. as was the ouestiop =,
providing pool table 1t was decided
10 sheath the reading room at the
clubhouse, and to abandon the dance,
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22
Arrangements for Enter
tainment at Augusta,
Cooperation Of Committees and
Citizens Is Asked.
People Having Rooms Please Notify
Sec. F. |. Dutton.

The annual meeting Of the Maine
Stat. Grange will be held III this city
Dec. is, - and 20. There will be at
least 900 members in the city during
that time; a large part Of them VIII
arrive in Augusta on the afternoon OF
Dec. Il for the purpose of attending
the reccption to be held in City hall on
that evening.
Our hotel accommodations are such
that it will be necessary for our peo-
pie to entertain at their private resi-
denccs q great many Of our visitors.
The Augusta Board Of Trade invited
the Maine state Grange to hold its an
nual meeting here. well knowing til"
hospitality OF our people and that they
would freely render any assistance in
entertaining so large Il number Of Wis
itorS.
The Board of Trade has appointed
committee on entertainment with the
secretary of the board as the chair
man. In order that this committee may
efficiently perform it's duties it is neces-
s.lry for them to have the hearty CO.
operation of all of our citizens.
The Board of Trade has stipulated to
the executive committee III tllt httiiit
State Grange that the price for enter
tainment in boarding; houses and pri-
vatc houses should not exceed 81 per
day.
viii all persons who can furnish
rooms CT room and board for the guests
Of the city during that time kindly no.
tify f. L. Button, secretary Of the
Board of Trade ut once AS to the mum
Der they can accommodate. If this re-
quest receives prompt reply from our
citizens it will save the Board of
Trade a large amount of personal So
lioitation to secure the necessary &C
communications to entertain our guests.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22
ONE PAIR 27oo HORSES IN FIRST

in the army. II years rs 4 permanent fire
man in Portland and Is years as 4 letter
carrier comprise the public services Of
Joseph III. Winslnw. who has just hand
Cd - Postmaster King at Portland his
resignation. IL" has saved enough mon
cy to r. tire. he says. He is c.. He
served n year on board the revenue cut
ter Caleb Crushing in the early r,riod Of
the Civil war. then enlisted in the 9th
Main" Infantry ana was i'll ;hc battle If
Sabine Cross Roads, all the battles Of
the Cain RIVER expedition. and with Gen.
Shcrman's army in the battles of Win
chester. Fishers Iill. Ifalitpwn ard Ce-
,,nr Creek. lie owns a home on Munjoy
Hin ana has 4 wife ana two sons.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22
SUPREME COURT.
Suit Of Lanesey VS.. Construction Co
Still on Trial.

In the supreme court "Wednesday,
before Associate Justice William Penn
Whitehouse Of Augusta. without Il
jury. the case of Joseph +. Lanesey Of
Portland VS.. the Nichols Magee Con-
Struction Co. of Taunton. Mass. was
continued. When adjournment vas
made Wednesday night until Thursday
morning part of the evidence in behalf
Of the defendant had been presented
This Is an action with the al dam
mum placed at $500 for an alleged
breach of contract in the employment
of Italian laborers on the pipe line con-
siructed by the Augusta Water Dis
trict.
The defendant claims that there was
breach of contract on the part of the
plaintiil.
The ease will be completed sometime
Thursday.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22

N. r. The Progressive Spiri'ua'
Society of Augusta, Me-, wish '"e
Public to know they We're In no wa.
connected or in sympathy with the MI
Houdon or his work at City Hall eui,
day night VIC do not know or ever neaiu
of him as a Spiritualist or Meu'u ~.
the cunning wording Of his handpii's
the using the name OF Spirituallsm a.
a cats paw to deceive the public, apou'
d cause they are so interested In OF ia'e'
Sriritualism is our belief and reiis,on.
We consider it the most sacred on w
face Of the earth, any fraud or decep-
ton we deem the wickedest thing ="
earth. We have nailed the pure VIM.
flag Of Spiritualism to the top mas.
and shall defend Il ~ all times ana
places - oss
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22

In answer to number of inquiries ~
is stated that the inscription on TIA
front page Of the new Congregational
church calendar which is issued week \
ly, is one that the pastor. Rev. David
II. Evans. while on one of his trips
abrc3d. recalled as having seen on a
tablet in one Of the Gid English church
eS. although it is not infrequcntly used
by 4 number Of churches in this coun-
try. The new calendars are very
much appreciated and quite n number
have been sent out CT town to mem
.bers of the Congregational church. now
resident elsewhere.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22
WOODMEN'S CLUB
Holds Annual Meeting Wednesday
Evening and Elects Officers.

AT the annual election Of officers
held last evening at their rooms. NJ.
.'S W. tcr street. the following officers
We're elected viz:
frc$ilent-H. w. Norcros::.
Vice presidcnt-F. &. ncerinG.
Second vice preSilent-William Eoyn-
ton.
Secretary-O. n. Blackngton.
TreaSur,r-tieurgc W. Boynton.
Executive Committee--H. $. Thomp-
son. f.. G. Smith. +. w. Rowe. o. y
BiarE!ngton and Lester Hall.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22

The Thanksgiving dinner for the
poor will be given as usual this year
under the auspices of the Howard Be-
nevolent Union. Augusta is again in
debted to the generosity Of Charles P.
Killing in presenting funds for this
worthy cause.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22

The East Side Sewing Bee win meet
will meet at o'clock this afternoon
with Mrs. S. c. c. Ward. As Bangor
street. The work of the afternoon will
be an Oid-fashioncd quilting. following
Which a Harvest supper will be served.
The members husbands are invited in
the evening.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22

a. +. Robinson of this city thinks
that the porker which he has just pre-
pared for the barrel is about as good
one for his age rs has been raised In
town this season. 1t was n spring
pig and tipped the scales at 20
pounds
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22

Timothy Kelley of Gardiner, who had
the contract for putting in the founda-
ton of the building on Sewal street
which is owned by II. NJ. Rines and is
being made over into four-tcnement
house. completed the work Tuesday,
and the carpenters will now push the
work on the building forward to com4
pletion as fast as possible.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22

Mr.. and Mrs. Billy Soule of Range
ley arrived in the city yesterday and
are guests at Hotel North. Mr.. Soule
is al Neli-knenn proprietor OF sporting
camps in the Rangeley region and has
many friends in Augusta and almost
everywhere.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22

1t was voted to give n supper 20 the
wives and lady friends Of the members
IT the next meeting which will y" held
I H. first Wudnrsia in December
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22

If you would appreciate the exquisite
style and elegance Of the Dorothy Dodd
shoe just notice the exhibit in F. l..
Jerseys north window
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22

Miss Zaidee McFadden is assisting
at PIorce'S bookstore for short time
and will later enter for the holiday
season.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22
NEW ADVERTISEMENTS ron.x

Postum.
swift 4 Turner.
g. T.. Leach & co.
To lct-FrOrt room.
Miller fruit store.
Hucklcy-Dry Goods.
l-Dst-Two gold teeth
beacon Falls Rubbcrs
Wantc d-Alch clipping.
Wanted-G.icr al Managers
Madam Partell, clar"oyant.
Wanted-Girl for houscwork
For Salc-Sccond hand stove,
For Sale-Watches. rings, etc.
For Sal"-l!ano. ChamDer set. etc
For Salc-ScparatLr oil and renairS a..
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22

Hon. +. l. Brown of Readfield was
among the people from other places
who were in the city on matters O,
business Wednesday.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22

Fresh cut Carnations. also house
plants. o. p. Robbins & son. -
Winthrop street. Tel Az
nov20eodtf.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22

Mr.. and Mrs. Ward c. Holmes. Gass
street, are receiving congratulations
on the birth of daughter. born
Wednesday, Nov. q.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22

The Gypsy dance of La Fiesta Win
meet at $50 o'clock Saturday morning
in the veStry Of the Uniyersa,is,
church.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22
LOCAL MATTERS.

The annual inspection of Rose =
Sharon Chapter, o. E. s., has been post.
poned until Tuesday evening, Nov. 81
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22

ShampoOing. Massaging and MAN
cnring, Face treatment speci'''
Marie Metcalfe, Room Cony House.
nov22d3t
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22

Dyspepsia is Americas curse Rurdock
Flood liittcrs c"nqucrs dyspepsia every
time. 1t drives out impurities. tones the
stomach. restores perfect digestion, nor
nal weight and good health.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22

Fresh flowers now on hand al Ben
Venue Floral Parlors. "a State street,
G. p. Sanborn, Prop. Tel. 3O3-3.
now 6ltf
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22

FRESH CUT FLOWERS EVERY
dag. II. d. Hartsh orn. Tel. U.s.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22

Itching. bleeding, nrotruling or blind
piles yield to Doan'S Ointment Chronic
eases soon relieved finally cured. Drug
,iStS all sell it.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22

noan's Eegulets cure constipation with
ont gripping, nausea, nor any weakening
effect. Ask your druggist for them. 2.
cents per box.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22

Mrs -Chiropody and toilet
parlor. POI Water street. Tel. 1913
nov22eodtf
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22

For any pain. from top to toe. from anv
cause. Amply DIR. Thomas Ecloctrlcl oil
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22
Daily ksnnsbec Journal
Thursday, November %, 1905
Cards Of thanks, obituary NOTICE.

Sdf1s OF tHahSs' OBITUARY notices. -.
olu;ions OF respect. etc, viii !.
charged at the rate Of ten cent.
line. No charge less than Il ca,,'
All advertising announcements ot
tertalnments, whose object is ~.
raising of money, will be chargo, '"s
the rate Of fifteen cents a line ~
Advertising notices, news form, will |.
excluded from our local columns "
cept such as refer to ADVERTISE eA'
cupying space in our adv.r,,.,,
columns, and Will be run und1.
separate head on one Of the -,
pages. edi
Subscribers who fail to rec.;,
Journal promptly will confer t, :"
by notifying the office immedistsln
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22
LOCAL NOTICES.

Hack, hack-Stop it with Lung Kuro.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22
LOST
FOUND.

IN OUR STORE A POCKETBOOk
containing Il sum of money. The owner
can nav" the same by proving property
ANA paNit" Tor this advertisement. J. II.
t',ean * Ct. wolff
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22
Young Women Wanted

At the Worcester Insane Hospital a. at
tendants. Good wages with two years
course In training school. For circular o.
information address DR.. Il. n. QuInby
Supt, Worcester. Mass. 17dtf
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-22

nOV16dtf
Arizona republican., 1906-07-01
AUTOMOBILE WATCH.

A watch made particularly for car riaRe and automobile use is in reality a cross between a watch and clock Tn shape and appearance it is the exact imitation of d watch, but in the matter of size it is perhaps a little too large for the pocket It is intended to be attached to the dashboard of the vehi- cle where it can be seen conveniently by the driver. It's timekeeping qual- ities are not affected by speed, jOltinE or jarring. and it can be so placed that it Is readily visible and at the same time secure. It is equipped with pro- tector finished in grained morocco enameled leather or pig-skin, and can be suspended over the side of the seat or on the dashboard or foOtboard. as convenience suggests. The case IS plain polished nickel. The watches can be procured separate from the leather case. if so desired.