davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1906-02-16

upon the undisputed facts reasonable
men can draw but one conclusion.
When reasonable minds may differ
the question is for the jury.
s.. Upon the facts stated in the
opinion, the question of the defend
ants contributory negligence was
properly submitted to the jury.
Z. Questions calling for the opin-
ion of an expert witness must be
based upon facts previously stated by
the witness, or upon facts testified to
by others, or upon facts agreed to or
assumed as true alphabetically. y
8. A question which calls for the
opinion of a physician which is based
in part upon facts not contained in
the record is improper even though
the facts are personally known to
him. &c..
y. The aggravation of the conse-
quences Of a personal injury by the
use of opiates taken under the direc-
ton of a reputable physician to, ALE
v1ate the pain resulting from the in
jury, is not a defensive fact in an ac-
ton to recover damages for the in
jury. The necessity for the use of
the opiate arises in such cases from
the negligent act causing the injury
and not from any negligence of the
person injured.
Appeal from the district court of
Stutsman county; Edward T. Burke,
Judge. -.
F. G. Kneeland and S. L. Glaspell,
for appellant. \ II $685..
John Knauf and S. G. Cady, for
respondent. 4
Plaintiff recovered Judgment for
five thousand dollars damages for
personal injuries alleged to have been
caused by fall upon a defective side
walk in city of Jamestown. Defend:
ant appeals. Opinion by Engerud, j.,
and judgment affirmed.
J. L. Rapp, appellant, VS.. Fred Han
sen, respondent.
1. A judgment will not be reversed
on appeal for an informalty which
ought to be remedied by motion in
the court below.
Appeal from the district court OF
stutsman county; Edward r. Burke,
Judge. ..: ."5s *>.s,5 g.,
J. IA. Coffey, for appellant.
Parks & olsberg, for respondent.
Opinion by Engegrud, ]. Judgment
affirmed with leave to either party to
apply to the district court for the
correction of the informality thereof.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1906-02-16
POSTPONED
Senate Committee Will Not
Act on Rate Bill Next
!. Tuesday ~. !.

Washington, Feb. 16.-The senate
committee on Interstate commerce to-
day postponed action until next Fri
day on all important amendments to
the railroad rate bill now pending be.
fore that body. This action taken be.
cause of the illness of Senator Till.
man and because Senator Cullom
now in Florida, expects to be here by
the date set. sl
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1906-02-16
Ths present Arors,esst.

81 The mill cannot grind with The water
that isaa AS little can 1t grind with
/ what is to come, IT can grind only
with what is passing through 1t. we
can make no use OF time past As lit
tle use can we make Of time to come.
We can make use only Of the passing
moment
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1906-02-16
Maine Anniversary,

/. Havana, Feb. 16.-Yesterday was
the anniversary of the blowing up of
the Maine in this harbor during the
might of February Is, 1898. The ami
}versary was observed here by hoist
ing the. American flag on the wreck
iof the Maine and by memorial meet
ing of American residents.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1906-02-16
reform IN Penn
Legislature Effects Some Radical Reforms in the key
stone State but Gould Not Work CIVIL
Service on State Officers

the governor in his official call was
enacted with the exception of the
civil service for the state offices.
Three bills have already been signed
and the remainder will be acted upon
within the next thirty days.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1906-02-16
TARIFF WAR IMMINENT
Representatives Of Germany and America Striving to Come
to Some Agreement on TRADE Relations
Present Agreement Expires Mar. |

mutually understood. The prime
movers in this last effort are Baron
Speck VonSternberg. the German am
bassador, and Secretary Root and
President Roosevelt. The ambassa-
dor was at the state department to-
day and will have other conferences
within the next few days.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1906-02-16

Washington, Feb. 16.-Between now
and March /, the date of the lapsing
of the trade arrangement between
this country and Germany, final and
determined effort will be made by the
Washington and Berlin governments
to come to some agreement that will
prevent tariff war between the two
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1906-02-16
!. Tl,e other yyax Arounsal.

.'It seems to me" exclaimed Aunt
Rachel, @you two are always quarrel
Ing when come In r f5
On the contrary, masarnF' vocifer-
.ated the masculine end Of the domestic
controversy. You always happen In
when we're Quarreling " Chicago Trib-
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1906-02-16

Harrisburg, Feb. 16.-The Pennsyl-
vania legislature yesterday completed
the business for which It was called
in extra session and adjourned finally
All reform legislation enumerated by
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1906-02-16
SUPREME court

-. p. Gilbreath, respondent, VS..
Margaret TeufeI ct al, appellants.
!. An order to show cause may be
( granted for the purpose of bringing
a motion before :. the court. more
] speedily than it could be done by the
I ordinary notice: and the propriety Of
dispensing with the usual notice
Y must be determined on the appli-
7. cant's ex parte showing. ~.~ -.
S 2. When a. motion is brought be-
fore the court by an order to show
cause, and the opposing party ap-
pears and opposes the motion on the
merits without making any claim that
4 he has not had sufficient time to pre-
I pare for the hearing it Is improper to
deny the motion on the ground that
the order to show !. cause was i'm
! providently issued. 5ys:.ssl
st 8. The district court has inherent
power to vacate judgment procured
by means of proceedings which are in
effect fraudulent. @,<$ K
4. In an action to determine adj
verse claims to real property, al
though the proceedings may in all
things comply in form with the pro
I visions OF the statute relative to the
manner Of obtaining jurisdiction, it
is nevertheless an abuse of the statu-
}bory provisions, and is in effect a
fraud upon the court and the adverse
claimants. to not disclose, and name
~ defendants, all adverse claimants
fNhose names and places of residence
could be readily ascertained.
Appeal from an order of the dis
tIht court of Morton county; w. H.
Winchester, Judge. 2l@5, u # 49, K
H Stutsman, for appellants.
Nichols & Murphy, for respondent.
0tnion by Engerud, T.. Order OF
the district court for Morton county
revesed and the district court Is
dfreRd to Vacates the Judgment and
the ation will stand for trial. on the
5:.s. ansWs served BY the defendants.
! {. Ellie Pyke, respondent, VS.. City Of
JanestWn, appellant. 53 z z.s. A 5,.s
Sss !. 1e rule that "acquie scence IN
Il error ties away the right of object
sf ing to I, Is appli cable to errors in
proced1t One who consents to an
irregulame thod OF amending a plead
ing cann afterwards urge the ,irregu-
larity aArror.
heity auditor is the official
.$ representsye Of the city council for
the plrhe of receiving claims
against Il city, including claims for
personal hries.
8, The plaintiff delivered her
verified claa for damages for per-
sonaI INJURY the mayor and auditor
OF the defaant city. The delivery
of the copy the auditor was out
side OF his Ice and was accom-.
panied by q atement Of what the
paper was ~ request that 1t be
presented at he aext meeting of the
council: Held aipA facts stated III
the opinion, w peclaim was pres
ented within Il neafpg IL sections
2172 and III 9aReysed nodes 81 1893,
which rsQui sun Gains to E is
presented tfhe nlsyor asd common
council Z 5s
The qstion Of the negligence
Of defenht Tor tie alleged CON
fribatory nstgence d q plaintiff III
primarily generally j question 81
fact for tlbury.
The Iest lion az Negligence ne.
comes i esation II law Only when
The Hood River glacier. (Hood River, Or.) 1889-1933, 1906-09-27
New Naturalization Law.

A new naturalization law takes
effect September 26th and The Dalles
Chronicle says that the law is much
more strict than the one nov in
force. 1t provides among other things
that the applicants must be able to
speak, read and write the English Ian
guage and notice of their admission
must be posted for 90 days. The ap-
plicants must 80 file with the clerk q
certificate from the immigration bu-
resu, showing when they landed in
this country, how they came and that
they are in the country legally. Un-
der the new law first citizenship pa
pers are good only seven years, when
they expire unless final papers are
procured In the meantime.
The Hood River glacier. (Hood River, Or.) 1889-1933, 1906-09-27

The sporting writer's inform us that
Joe Cans is in a Class by himself, and
30 1t is with Stubling's bunch of pig
skin kickers. Last years victories
seem to have caused panic among
the secondary teams and they Rbso
lutely refuse to meet the Columbias.
Carson crawhshed in cowardly man
uer, Hood River grew sick with terror
at the very thought of going up
against the lads who gave them such
an unmerciful walloping last season,
and now comes Pendleton. The man.
ager of the Pendleton team seems to
be a true sport, however, and plainly
acknowledges that his outfit is not in
GLASS with The Dalles boys, and that
he does not desire his team to be
slaughtered in cold blood. -Optimist.
The Hood River glacier. (Hood River, Or.) 1889-1933, 1906-09-27
"Cauned~ LabOr Not Profitable

Just what Twohy Bros. and other
contractors are cup against" in SO
curing labor was evident to Colonel
Crossen and G. A. Boiders, who
timed a fellow whom they turned
loose on the street to serve out a fine.
In five minutes the fellow had dump
cd ten shovels full, when an ordinary
workman should have hqndled twenty
five. 1t might be supposed that his
lethargy was due to the oIrcumstanc.
es; that naturally a;man working out a
fine would be slow, but contractors
say it is next to impossible to secure
honest white laborers these days, and
that labor organizations have no
grounds for kicking on Japanese and
Chinese being imported. .- Chronicle.
The Hood River glacier. (Hood River, Or.) 1889-1933, 1906-09-27
Old Veteran Leaves The nalles.

dad" Lynch, well known at The
Dalles and also by many at Hood
River, will leave the former place this
week to take up his residence at Los
Angeles, where his two sons live
Lynch has lived at The Dalles a good
many years where he has been engag
ed in the tonsorial art. lie was also
a member of Bargfeld's orchestra in
the capacity of drummer and is civ.
il and Indian war veteran and no
member of the q. A, Il. is better
known in Wasco county than he.
The Hood River glacier. (Hood River, Or.) 1889-1933, 1906-09-27

The above prices only few of our excellent values
in Fall and Winter goods we have to offer you Our
goods all new. Clean and up to date and are bar
gains at 20 per cent higher than the above prices
We don't carry that cheap, shOddy bankrupt stuff that
is dear at any price, We have honest goods and sell
them at honest prices.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-11-09
What Other People Think
Compulsory Vaccination.
Q Editor of The Journal.

To the Editor of The Journal
I find the following paragraph in T b .
Journal following my letter about
compulsory vaccination as a feature Of
the city charter: ~
An anti-vaccinationist kicks on the new char
ter because 1t has compulsory vaccination. That
is because ninety-nine in a hundred want com.
pulsory vaccination. II -Vaccinationist''
can convince the voters that it is wrong he can
get it out of home-rules charter, but he can't
get it out Of the present charter with shot.
gun. ~, .....-..E. -.sr. =.
If you mean me, agree with you, and
have realized the advantage Of the new
over the old charter. wished merely to
call the attention of the people to the
fact that such a clause was inserted.
am not an nti-vaccinationist, but a
peaceful, law-abiding socialist who has
devoted fifteen solid years Of not less
than ten hours a day to the study of sci
ence and philosophy. I have, from Curl
osity asked f1fty-six persons their posi-
ton on compulsory vaccination and have
not found one affirmative. think, in view
of the fact that the daily press is the
only educational medium of the most of
the people. the odds are hardly fair. In
view of the fact that not one authority
in the biological world has favored the
practice of incubation, I am glad to be
furnished with the statistics you have
given as to the relative number Of edu-
Gated to uneducated people In the city.
Whatever one may think Of vaccination
is his own affair, and If he desires pro-
lection have no earthly objection to his
seeking the nearest supply Of vaccine;
but compulsory medical proceedings are
no different from compulsory forms Of
worship, especially when the greatest
names in the book of science are opposed
to the practice which 1t Is proposed to
compel. Harry N, Warner. -
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-11-09
Go to st. Peter and Get a. Start.

f Somebody has written to the Pioneer
Press long story about the great men
in Minnesota affairs who have either
been born in st. Peter or have been
citizens of that town at some time dur
Ing their careers. He finds that st.
Peter has furnished the state five gov
ernors-Gorman, Swift, Austin, McGin
and now johnson. Two lieutenant gov
errors are also claimed-Ives and now
Eberhart. The secretary of state-elect
was at one time resident Of st. Peter,
as well as his unsuccessful opponent.
st. Peter also furnished Treasurer Block,
Congressman Davis and eight Judges,
some Of whom have risen to eminence,
among them Charles E. Flandreau.
/. While this historian of St. Peter was
at work he also scraped up some facts
about other people Of note and claimed
Edward Eggleston, the story writer and
historian, as a one-time resident of st.
Peter The celebrated surgeons, the
Mayo brothers Of Rochester, were born
there or on a. farm near there, while
Walter Kerr, the man who designed the
Pennsylvania $20,O00,OO0 tunnel under
the Hudson river, was a boy in st.
Peter during the war.
So it appears that our popular and
successful governor can It help it, since
he was born at the right place and
under suspicious skies. It is. in his
stars that he is not an underling.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-11-09
ADJUSTMENTS
Metropoli 1.-THE Vanderbilt Cup.

Metropolitan 1.-THE Vanderbilt Cup"
While the much advertised automo-
bile race in "The Vanderbilt Cup' is
not strong enough, as spectacle, to
bring the audience to their feet to
cheer on the contestants, it does bring
them, to their feet filed with enthusi-
asm for .themopens air in front Of the
Metropolitan, IF the air in front is all
taken, The ali. in the alley will do. The
odor Of burnt gasolene and frying cylin-
der oil, tho not appearing in the cast of
the company. !" j.: 80 ~. =. "
Barring this realistic odor in the last
act, the play is as thorogoing an extrav:
aganza as the most exacting patron Of
the theater for amusement only could
wish. Thru the first two acts there is
a fairly we'll defined plot, but at the
windup the author evidently got tired
or feared that he was imposing too
much on the good nature of his pro-
spective audiences. Dorothy Willetts, a
''simple country maiden" with all the
accomplishments of a well educated
soubrette, leaves her country home to
'Fthe., city, which being translated
from Broadwayian to American spells
"New York. - Here she enters upon a
dizzy career of specialties and, accord
ing to the program, drives her uncle s
car to victory in the Vanderbilt cup
race. AS nearly as can be gathered
from the hazy lines Of the piece and
the leather clothes of the driver, she
does 50 by proxy.
Written to coin money from the auto
mobile fever, the piece is little more
cialties and moving pictures. The last,
showing the troubles of a pair of tour
ing cars on a country road and the big
racers making their start in the ia
nous cup race, are decidedly good. The
majority of the jokes are too local to
make much of hit away from New
York and the specialties, as put on by
a emo. 20 company, fail to rise above
mediocrity and occasionally fall to
vulgarity. The fact that the piece is
presented here by road company in
stead Of the original cast may account
for it's falling short of what might be
expected from the reports Of its New
York success.
of Dorothy Willetts, is as pretty and
petite as could be wished and sings and
dances with exceptional cleverness.
Melville S. Collins, who essays the chief
comedy role as Theodore Banting, the
equitable lawyer, does well in most Of
his work, but his big specially, :" Wine,
Women and Song,'' with its chorus Of
champagne consumers is revolving
spectacle Of cover high life. The
dancing Of the three Pendleton sisters
in connection with this stunt is to be
commended. The hairless wig worn by
the Hon. John D. Boxwood,. president
Of the gasolene trust, and some refer
ences to boards Of Investigation and
grand juries, are pleasing grinds on
"hot' finance.
The piece is magnifcently staged
and gorgeously costumed and while fall
ing short of expectations, has enough
entertainment in it to make it worth
seeing, providing one cares for girls,
glare and gasolene. &C. D. G.,
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-11-09

James b. Rice: !. breeding and Preparing
Blue Ribbon Horses by Francis M.
Ware: THE Collecting OF Old Silver
ware" by Walter A. Dyer. Fs
y a honebuilders' supplement- is added to
the number. ,.o H :, /. 81
I The Popular Science Monthly for No
yember contains the following articles:
University Control" by Professor =. J.
Stevenson; THE Value OF Science" by
M. H Poincare; "Pathogenic PROTOCOL, .
by Professor Gary N. Calkins; '.The
Making Of the Grand Canyon Of the Col
orado" by Professor A. r. Crook;
Notes on the Development Of the Tele-
phone Service" by Fred De Land; ''The
Jews Study Of Race and Environment, .
by Or. Maurice Fishberg; John Stuart
Mill" by Percy F. Bicknell; Changes of
Climate" by Robert De c.. Ward; "The
African Pigmies." by s. P. Werner; 'The
Jubilee Of the Coal Tar Color Industry
and Sir William Henry Perkin"; "The
Royal Society; 1.-The York Meeting of
the British Association"
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-11-09
THIS DATE IN HISTORY
NOV. 8

1sof-Robert Dale Owen born.
1s1e-SmIth Thompson OF New
York became secretary Of the navy.
1e41-kIng Edward VII of Great
Britain born.
1e5e-John Temple Graves, Georgia
editor and orator. born.
1a65-GeneraI Frederick Funston
born.
1a75-Steamer City OF Waco was
burned off Galveston bar.
1e9o-RevoIt against President Bo.
gran In Honduras suppressed.
1s91-The Prince OF Wales Ss.e.
his fiftleth birthday.
1852. II. Weeks Of New York,
embezzler of $1,000. 900, cent to Sing
Sing prison.
1sss-Admiral George Dewey mar
rled to Mrs. Mildred M. Hazen at
Washington, .. c.
1eo5-Brltlsh squadron, commanded
by Prince Louis OF Battenberg, Wis.
tied New York.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-11-09
University Dramatic Club.

Appearing in the title role of com.
edy Of his own making, DR.. Richard
Burton, professor of English at the
university, made. his stage. debut. be-
The occasion was triple bill by the
University Dramatic club and the place
was the auditorium of the johnson
School Of Music There was good
audience present and the two little
plays that had gone before put every
one on the tiptoe Of expectancy for
DIR. Burton's tThe Man of Letters, -
the somewhat misleading title of his
skit. It soon appeared that the litera-
ter. similar to his. own, but as news
paper man much in love with a fair
but as yet unseen correspondent. The
ENHANCEMENT Of two letters. one dash
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-11-09

w. Bills Of Park Rapids, Z. c. Spooner
and w. G. Bicknell Of Morris, John r.
Howard of Sank Center, former chief
clerk OF the house, F. B. Wright, G. L..
Sawyer and E. p Allen Of Minneapolis,
and p. NJ. Webster OF Glenwood.s The
three prohibitionists, Higgins of Mime
'apolis, Noble Of Albert Lea and Lo-
beck of Alexandria, are going to take
g prominent part in the county option
!, In the counties Of Anoka, Carver,
y yo6 w Mng sen Mennspn Isant Ka Rsh
Vile, st. louis, sfearns sS Todd, wash
ington and Wright, Eberhart leads PEN
dergast for lieutenant governor by
1000. These are fairly representative
counties, and at this rate Eberhart may
run considerably higher than first ex-
pected. His plurality is quite likely
to reach 10000.
For railroad commissioner, on par
tial returns, the same counties, except
Ing Redwood, st. Louis and Stearns,
show Staples leading Schaefer by 49,
$40. This indicates that the rest Of the
state ticket will go considerably higher
than Eberhart. An analysis Of the re-
turns IS going to show about as many
y
the democrats voted for Roosevelt.
There will be gap between the top
and bottom Of the republican state
ticket that 100000 votes will not span.
Considering the light vote that was
cast in the rural districts, that is go
ing some.
One of the managers of the demo-
cratic state campaign was D. D. Daily
Of st. Paul, a prominent insurance man
who never before had served at head
quarters. He was chairman Of the ex-
ecutive committee and devoted practi-
cally his whole time to the campaign
without compensation or hope Of re-
that he did not want any office in the
governors gift, or. any compensation
FOR his services. There are not many
such patriots in either, party.
The undersigned has on file some es-
Inmates on the state results made by
prominent men on both sides Of the
fence, forecasting it by congressional
districts. There is a democratic esti-
mate Of 10000 for johnson, republi-
can estimate Of 5000 for Cole, and an
other Of 1000 for Cole. TIL e J GU r
MADE no estimate on the result,
and it is plain now that any forecast
made this year was pure case of guess
work. One mans guess was as good as
another s.
w. s. Hammond's plurality still
seems to be close around 1000, perhaps
up to LOO. The Journals fig
ures to date give him 1883. One mis-
take was made in Mankato on the vote
in jackson county, where McCleary
was credited with only 80 plurality in.
stead Of 308, which is the unofficial re-
suit. That mistake ran Hammond
over 1900, which is apparently too
high. Hammond would make good gov.
ernorship material for the democrats
two years from now, but he would prob
ably insist on trying for reelection to
congress. -.,~".
The jacobson men are vindicated
altho in the light Of the general result
it is serious question whether even
the man from Lac qui Parle could have
won. - $. ~ -.
And Frank A. Day doesn't have tx
quit the state political game, even if
he does resign as chairman Of the state
committee. He made good with his
$4,000. In fact, it seems that he ought
to be discharged for not putting ii
higher. Charles B. Cheney.