davidaulloa/AmericanStories huggingface dataset:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-12
LIQUOR CASE DECISION.
Officers Cannot Seize Liquors Until
After Removed from Car.

The law court last night handed
down a rescript in the Androscoggin
county case Of State versus mtoxicat =
ing Liquors. the Grand Trunk Railway
Co. Of Canada claimant.
The decision. which is one of the
most important rendered in relation to
tho rrohibtory law il this state for
some time. rules that liquor cannot be
seized in transit and the transit does
not end until after the goods leave &
car.
The seizure in question was made by
deputy enforcement commissioners
working under the Sturgis law passed
a; the last session of the Legislature,
at the Grand Trunk station at Lewis
ton last spring.
The rescript drawn by Justice Saw
age. is as follows:
Intoxicating liquors were shipped
from Boston. Massachusetts to Lewis
ton, Maine. by continuous way bill
over the Boston G Maine Railroad and
the Grand Trunk Railway of Canada
The consignee named i'll the way bill
and upon the packages was fictitious.
The car in which the liquors were be-
ing transported by the claimant COM
pany, after its arrival in the Lewiston
yard. was shifted from track to track,
track" so-called about one hour after
its arrival. In about 10 minutes there
after the liquors were seized, and sub
scquently libellcd. The team track was
about 20 rods from the claimant
freight station, and was commonly used
rectly from cars to teams. In the or
binary course of business these liquors,
if called for by the consignee or own
or within two or three days. would have
been unloaded from the car onto q
team. But if not 50 taken within that
time. they would have been taken in
the car to the freight house and there
unloadcd by the claimant. Between
the time Of the arrival of the car at
the team track and the seizure of the
liquors by the officers, the car, which
was sealed, had been opened by the
claimants servants, and other mer-
chandise which came in the same car
was being taken out of it. But the
liquors had not been removed or dis
turbed by any one. 1t does not appear
that the consignee had in any way con-
scented to take the liquors from the car
on the team track.
Held, that in the absence Of evil
dence showing a special arrangement
or assent, to the contrary, a railroad
carriers contract Of carriage con-
templates that the freight shall be
transported to the carriers freight
house and there removed from the car.
So much is TO be implied from the gen.
eral usages Of the business Of such car
riers. In this case there is no evidence
that the carriers duty in this respect
was modified or waived by contract or
otherwise. If the consignee had con-
sented to take the liquors from the car
on the team track, the carriers duty
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-12
ANDRoscoGclN REscRlPTs.
Decisions Handed Down in Two I'm.
portant Gases.

Atlas Shoe Company VS.. Henri p.
Bechard. Rcscript, Powers. J.
Anyone induced by false and fraudu-
lent representations to sell goods upon
credit, upon discovering the fraud.
may rcScind the sale and maintain
trover for the goods so obtained.
When at the time of the purchase of
the goods there is an intent never to
pay FOR them, the sale may be avoided
for fraud although no false and
fraudulent representations are made.
When such representations are made.
the vendor, who relying upon them
part with his property, may equally
rescind. although there was ut the time
Of the sale bona fidc intention to pay
ut some future time.
If q person states of his own knOwl-
edge material facts which are suscepti-
bic Of knowledge. and the statement is
made with an intent that another party
shall act upon it, or in such Il manner
as would naturally induce him to act
unCn it, the statement SO made, if
false, is fraudulent both in morals and
law.
In the sale and delivery of mer-
chandiSe procured by fraud, 1t is gen.
orally the intention of the parties that
the title pass to the vendee; but be-
cause of the fraud the vcndee can, if
he chooses, on discovering the fraud.
avoid the sale and delivery and revest
the title in himself notwithstanding
this intention.
Tho vendee. for the purpose of OBJ
tanning a line of credit, made state
ment of his assets and liabilities. and
agreed that it might be considered as
q continuing and new and original
statement upon each and every pur-
chase Of goods thereafter until he adj
vised the vendor to the contrary. The
state ment. though true when first
made, al. .rw:rGs became false and it's
falsity vas ~ uusht to have been
within the knowledge Of the vendee.
No notice was given to the vendor and
he. relying upon the statement as true.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-12

has been confined to a plaster of n,r;s
cast and steel jacket; and mcst If Tho
time in hospital under q nhvs;o;,r,s
care; that his eyesight has been az
fected by the injury to his spine: that
his speech has been rendered defective.
that he has been operated on for
traumatic appendicitis caused Inv tho
injury and has had other oner,t;,,nc
performed upon himself; that it is i'm
possible for him to walk wi,hcut
crutches or canes; AMI that he cop
just drag his feet along the floor or
ground; that he has been rendered n
cripple for life; that his spine can
never be made any better: and that al,
| nope Of earning a livelihood at any
time in the future is gone.
Tillson sued to recover the sun or
$40 900 for his injuries, caused. so he
claims, by the negligence of the rail-
road company.
The negligence claimed is that the
semaphOre in the Waterville yard of
the defendant company was perma-
nently so set. and its lanterns and
lights were permanently arranged at
such an angle with the track to the
west down which its lights were in
tended to be thrown, as not to show, to
trains approaching, the true light in
tended to be shown, but rather the op-
posite color, or else such q confusion OF
both cclcrs that the engineer and fire
man on the approaching train could
not determine which intended, whether
that for danger or for safety, and
could not. therefore. determine their
duty either to stop or proceed.
The defendant, the railroad company
contended, on the other hand, that the
semaphore and its lights had been in
the same permanent position as at the
time of the accident for about "a
years; that they were properly set
both as to location and as to angle with
the track, and, during all this period
We're SO set and directed as to give
true and net false or conflicting signals
to all approaching trains.
The railroad company also claimed
that during these "a years there mad
never been any difficulty, complaint or
accident in their operation; and if they
operated and We're set improperly or
effectively at the time of the accident.
il was without notice or knowledge on
the defendants part, and, if such de-
feet existed at all, it was due to the
temporary negligence of some fellow
servant with the plaintiff, for which
the defendant claims that it was not
legally responsible.
The railroad company carried the
case to the law court on the ground
that the verdict Of the jury was
against the Jaw and the evidence and
that the damages were excessive.
The Hon. Forrest Goodwin of Show
hogan will argue the case in behalf of
the plaintiff and the Hon. Orville d.
Baker of Augusta for the defendant
corporation.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-12
POSITIVE PROOF
Should Convince the Greatest Skeptic
in Augusta.

Because it's the evidence Of an Au-
gusta citizen.
Testimony easily investigated.
The strongest endorsement Of merit.
The best Of proof. Read it.
B. E. Davis carpenter. of IA Glendon
St, Augusta, Me-. says: You are at
liberty to continue using my statement
in favor of Doan's Kidney Pills which
gave for publication In 1893. I have
not changed my opinion Of their value
and am pleased to recommend them at
every opportunity. l know from ex-
perience of friends. as well as my
own, that this remedy can be depended
upon to cure backache and kidney
troubles of any kind. For two years
or more previous to first using Doan's
Kidney Pills l had suffered from pain
in my back, at times so severe that
was laid up for a day or two. The
remedies had used gave but little re-
life until had the good fortune to
hear Of Doans Kidney Pills and to
get them at the drug store of Willis X.
Partridge. Their use proved Of the
greatest benefit and the pains in my
back soon entirely disappeared. Should
1 be troubled again with kidney COM
plant or backache Doan's Kidney
Pills is the medicine would prefer to
all Others"
For sale by all dealers. Price so
cents. Foster Milburn & Co. Re
member the name--Doan's-an take
no other.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-12
Asutin Hutchinson VS.. The Willard
Lumber Company, Ct ais. Rescrip
(\O OniniOnO Spear j.

Asutin Hutchinson VS.. The Willard
Lumber Company, Ct ais. Rescrlpt
(No opinion.) Spear, j.
This is an action of assumpsit on
account annexed for the recovery of {,
balance of $1S527. claimed to be due
by the plaintiff for bolts alleged to
have been sold by the plaintiff to the
defendants. The plea was the general
issue with a brief statement that IF.
S. French and w. +. Bradford.
severally say that neither they nor
either Of them were ever the members
or member Of the co-partnership
known as The Willard Lumber Com
pany and described in the writ in
suit. and neither jointly or scverally
promised as alleged in the plaintiffs
writ in suit" The jury rendered a
verdict for the plaintiff for the sum of
$114.63. The plaintiff claimed that
the defendants French and Bradford,
before the bolts in question We're sold
to The Willard Lumber Company, be-
came responsible for payment for the
sales to be made. and therefore BECAME
original promisOrs. Upon the question
of fact whether Bradford and French
became thus responsible, the plaintiff
testifies positively and in detail i'm the
affirmative. and Mr.. Bradford in his
statement of the plaintiff. Upon the
merits Of this controversy. the verdict
Of the jury under the well settled rules
of law, must stand.
Upon the other branch of the case
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-12

presented by the plea that Bradford
ana French Were not and never were.
either Jointly or individually, members
of the co-partncrship known as The
Willard Lumber Company. the evil
dcncc would he sufficient to sustain
the plea, but the defendants Bradford
and French waived this particular de-
fence and, by agreement, submitted
the question of their liability as
original nromisors to the jury, upon
the testimony presented in the case.
which it seems to us was an entirely
proper thing TO do, as the evidence had
been fully developed and the question
might as well have been decided at
this time as at any other. This de-
fence, however, having been waived
cannot now be considered.
Motion overruled.
Judgment on the verdict.
Reed Dec. 10th. 1906.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-12

sold goods 10 the vendee after such
statement had become materially and
essentially false.
He'd, that the vendor might rescind
such sales and maintain trover against
the vcndcc'S common law assignee for
such of tho goods 50 sold rs the as
signce had i'm his possession and re-
fused To deliver to the vendor.
Executions sustained. Judgment for
the plaintiff for $lSl, ana interest
thereon from December 2Gth. 1908.
Reed Dee 10Th, 1906.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-12

of transportation would have been end
ed. Otherwise. il would still have been
the duty Of the carrier to complete the
transportation by taking the liquors to
its freight house. there to be removed
from the car. Under the facts shown
the transportation was incomplete. and
the liquors We're not subject to seizure
under the police power Of the State. in
contraycntion of the interstate COM
merce provision of the federal consti-
tuition.
Judgment for the claimant.
Order for return of the liquors to
issue.
Received Dec. H. 1906.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-12
EDWIN c. DUDLEY
BANKER
No. 3 Meonian Building.
AUGUSTA. NE.

I offer subject to sale
Cleveland, .. 4 per cent. bonds to
yield $50.
Nashville. Tenn. AZ per cent, bonds
to yield 3.92.
Spartanburg. S. c. A.. per cent.
bonds to yield 4.05
Schenectady, Railway Co. AZ ner
cent. bonds TO yield 4.07.
Utica & Mohawk Valley r. r. Az
per cent bonds to yield 4.25.
Cleveland Electric Railway per
cent. bonds to yield 4.40.
Ontario Power Co. per cent, bonds
to yield ) per cent.
Particulars furnished on application.
mon we'd sat
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-12

The continued cases from PenObScOt
county are as follows: Barker versus
French: Madunkeunk Dam & Improves
ing Company; the Penobscot Log Driv-
ing Company. in equity, versus the
West Branch Driving Company, ct ais;
Person, appellant, versus the City of
Bangor; Public works Company versus
City of Old Town: Stone. trustee. in
equity. versus McLain. ct ais: Tozzicr,
ct ais, versus the American Realty
Company; Webber, ct ais, versus Hall,
appellant; White versus Fits.
The continued cases from Sagadahoc
county are as follows: Barbour libeil-
ant. versus Barbour; Couture versus
Clark: MoultOn versus the Lewiston,
Brunswick & Bath Street Railway
Company: Sanford versus Crosby; Tut
tie versus futile. administrator
The new entries from Sagadahoc
county are as follows: Hodgdon versus
Remission and trustees: State versus
Dewire, appellant: State versus De-
wire, appellant; State versus Dewire,
appellant.
The continued cases from Washing
ton county are is follows: Allen, pc
titioner. versus Foss; Baker versus
Weber, ct ais: Doherty versus Mac
Nichol, ct ais: Kemp, in equity, versus
| the Sea Coast Packing Company, ct ais;
| Loring versus johnson. ct ais; Peterson
Company versus Perkins. ct ais;
| Preble ct ais, versus Richie.
The new entries from Washington
| county are as follows: Washington
County Railroad Company versus the
| Canadian Colored Cotton Mills Com
pany; Williamson versus Gooch, ct ais
| The continued cases from York coGn-
ty are as follows: Berry versus the
| Boston e. Maine Railroad Company
| BiddefOrd National Bank versus Hill,
ct ais; Chandler Versus Chandler; cole
versus Granville: Dow versus Goodwin,
| ct ais; Goodwin versus Fall: Hobi ,
judge of probate versus Bennett. ct ais
| LeProhon, appellant from the decree of
the judge of probate: Murray versus
Quint: Ouellette versus Porreil APP
pellant; \. w. Kicker versus Deerins,
executrix: George E. Kicker versus
| Deering. executrix: State versus Nor
in; Walker. administrator. appellant
| from The decree of the judge Of probate
| versus the estate Of Mercy Follett.
The new entries from York county
are as follows: Davis versus Clancy;
| Liberty versus Haines; MOulten ct ais;
| administrators versus Rragdon, exc
cutor; Sherburne versus Butler
An interesting case to be argued at
| this term is that Of Fred G. Tillson
versus the Maine Central Railroad
Company. n personal damage action
This case was tried at the March term
of the Supreme Judicial court at Show
hogan and n verdict rendered for the
plaintiff, with damages assessed at
s25.20S. which is one of the largest
verdicts eyer rendered by 4 jury in
this State
The plaintiff was fireman on train
No. IL on the Maine Central Railroad
and claimed that by the force of col
, iision at Waterville he was violently
thrown against the side Of his cab.
striking his back against the window
sill; that his spine has been perma-
nently injured: that for IS months he
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-12

The strong feature of the New South
wales liquor law is when a person is
FOUND on licensed premises during pro-
hlbited hours he must go before the
court and prove himself t. be a traveller
or regular boarder, or submit to 4
fine.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-12
Notice Of First Meeting of Creditors.

III tine District Court Of the United States
for the District of Maine. '+
In the matter of
ANDREW j. BUKER I'm Bankruptcy
Bankrupt. J
To the creditors of ANDREW j. RJTKER
of Benton i'm the County of kennebec,
ard District aforesaid, q bankrupt
Notice is hereby given that on the Sth
day of December A. D.. 1906, the said
Andrew j. Bukcr was duly adjuticatcd
bankrupt; and that the first meeting OF
his creditors will be held at the Office OF
the Referee, 1870 Water Street, in Augus-
ia, Maine. and District aforesaid, on tho
18th day of December A. D.. 1905 at ten
O'Clock in the forenoon. at which time the
said creditors may attend. prove their
claims, appoint Il trustee examine the
bankrupt, and transact such other bust
ness as may properly come before said
meeting.
FREMONT J. c. LITTLE,
Referee in Bankruptcy.
AnGnsta: Maine Der 70. 1906. der12d1t.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-12

ingtOn, held by the defendant COM
pany as part Of it's resources.
1t is understood that the company
claims that this stock Is not subject to
tax in its hands, it's payment of a
franchise tax being sufficient to cover
all it's liability, while the town claims
that the stock is as much subject to a
tax in the hands of the trust company
as it would be in the hands of an in
dividual.
The suit was entered at the last
January term of the Supreme Judicial
court for AndrOsccggin county at Au-
burn and was marked Flaw" at that
time, the intention being to report it to
the law court, but the report was not
made uD, and at the June term of the
law court it was dismissed for want Of
prosecution"
An agreed statement has been print
ed. a stipulation providing that if the
court shall find that the tax is legally
assessed Judgment shall he entered for
the plaintiff in the sum of $I90.20, the
company having paid n part of the
tax which it admits it owes 1t is adj
mitted in the agreed statement that all
the legal formalities We're complied
with in assessing the tax and in
bringing the suit, the entire question
being the legality of the tax itself.
The following are the new entries
from Franklin county: Moore versus
Ridenonr; Philbrick versus Furbush.
The following are the continued
~:
Stetson, ct ais, versus Grant, ct ais:
Thompson versus Richmond and truS-
tee.
The following are the continued
eases from Hancock county: Mears
versus Jones; Nicholson versus Maine
Central Railroad Company; Snowman
e. Son versus Green; State versus Her.
lihy, appellant.
The new entries from Hancock coun-
ty are as follows: Cunningham versus
Trundy; HARDWOOD ct ais in equity YER
sus Chase. ct ais; State versus Sweet,
appellant.
The following are the new entries
from Knox county: Bennett versus
Dyer, ct ais, and trustees; Davis ver-
SuS Leavitt; Hopkins, in equity versus
King ct ais; Rockland Savings Bank
versus Alden, ct ais and trustee; State
versus Rokes.
The continued cases from Knox
county are as follows: Davis versus
Poland; FarnSworth, ct ais, appellants
from the decree of the judge of pro-
bate; Flanders versus Goss; State ver-
sus Wallace.
The only new entry from Lincoln
county is that of Munsey versus Han
ley.
The continued cases from Lincoln
county are as follows: Cahase versus
Cochran, ct ais; Shaw versus Tarbox:
Shaw appellant, versus TarboX; State
versus Brewer; State versus Kaier, ap-
pellant; State versus Winslow, appel
liant.
The following are the continued
cases from Oxford county,: ChiidS, ct
ais, in equity. versus Waite, admins
traitor ct ais; Morrill,, appellant, versus
Head. ct ais; Oldham versus Carver.
The new entries from PenObScot
county are as follows: Banton versus
Herrick; Bradley Land & Lumber
Company. ct ais, versus the Eastern
Manufacturing Company: Carr versus
Judkins. appellant; CrOssman
versus Pickett; Hayford, trustee,
petitioner. versus the municipal
officers Of Bangor: Pinkham
versus Haynes. ct ais; Ripley versus
Worth.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-12

An interesting case to be argued to-
DAY is from Cumberland county, being
that of State versus Mark A. Sulko-
witch. a Portland pawnbroker. Sui
kowitch was arrested on July last on
the complaint of City Marshal Water
house of Portland that the pawnbroker
had neglected to submit before 10 A.
NJ, on the day of June 30 the report of
the business done at his store during
the q hours preceding. These re-
:orts of articles pawned at the diff
ferent second hand stores are collected
at police headquarters for the purpose
of aiding in the recovery of articles
lost. strayed or stolen.
June 80, the day on which SulkO-
witch should have made his report,
fell upon a Saturday, the seventh day
Of the week. which is observed by the
Jews as the Sabbath. Sulkowitch's
defence when the case was tried be-
fore Judge Levi Turner of the superior
court of Cumberland county was that
the dictates of his conscience would
rot permit his working on the seventh
day Of the week.
In his charge to the jury Judge
Turner said that mans religious
scruples are not 4 sufficient reason or
excuse for his failure to observe the
demands or commands of n positive
law. The jury after n deliberatiOn Of
a few minutes returned verdict of
guilty To which verdict counsel for
Sulkowitch, Former Judge Enoch Fos-
ter. filed exceptions and carried the
case 10 the law court.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-12

Another case to be argued today
comes from Androscoggin county and
it involves an important principle of
law.
The case is that of the inhabitants
Of East LivermOre versus the Liver
more Falls Trust and Banking Com
pany to recover the sum of s604.20 for
taxes assessed by the town, which the
company has refused to pay.
The tax was assessed upon 4 num-
Der of shares of stock in some of the
Portland national banks, the Portland
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-12

If you want QUICK RETURNS lust
insert a little ad. in the Journals
CLASSIFIED ADVERTISEMENT
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-12

Reed Dec. 10th. 1906.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-12

S-i2-l5-19-22
The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1906-08-23

Engineers Say Eyes Of Feline Family
Are Like Signal Lamps
at Night

Brookneld. Mo.--"Did you ever see
a black eats eyes when they were In
the line OF an electric liEhtf asked
Ben woodiief. travelling engineer for
the Missouri division Of the Buriing-
ton road IF one steps on the rail-
road track ahead Of the engine and
looks up the engineer sees two vivid
lights ahead Of him As large and
clearly defined a. any signal service
lights on the road. Sometimes they
are red. but most generally green or
white. In the night time. Of course.
the engineer can't see the cat. aud
all he can do is to run In obedienes
to the cat-sye signals. II they are
white he goes ahead. without slack
ing: II green be Is cautious: ~ red
be applies the air 10 make a stop
Sometimes . train is brought TO q
dead halt before the engineer learns
what's up against him. The running
men tell me that the eyes Of polecat
- rabbits are almost a. perfect 40
The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1906-08-23

waukegan, nl.-The marriage OF
Henry Berninger. Of Milwaukee. and
Miss May Martin. of Chicago, at the
courthouse by Justice +. " Orvis
was followed the other day by an I'M
usual silence, when the bridegroom
and bride wrestled before the officials
over kiss.
The bridegroom finally got 1t. much
to the brides apparent displeasure
Immediately after the words Il now
pronounce you man wife" Berninger
turned to his bride and attempted to
kiss her.
NO. you don't" said she. and Gov
cred her face with her arms so he
could not.
why. what's the natter asked
the astonished bridegroom.
Il shan't let you kiss me here right
In front OF these people" said she, al
II she meant it.