davidaulloa/AmericanStories huggingface dataset:
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-09-05
MAKES SCORE
Ardo Mitchell Promising Candi-
date for Western Golf
Championship.
is FOURTH AT GLEN ECHO
Shows Rem arkabIe Form in Qualifying
Rounds-Leon, PenaIized, Los
es Place.

Ardo Mitchell stood fourth in the
big field that endeavored to qualify for
the western golf championship tourna-
ment at Glen Echo, st. Louis. yester-
day. He secured mark of 161. Above
him were w. c. Fownes of Pittsburg,
with 153, d. E. Sawyer of Wheaton.
with 156, and Warren K. Wood of
Homewood. with 156. Mitchell's morn
ing score was "a. and afternoon II, the
latter figures being the best made by
anyone save Fownes, who negotiated
the course in the afternoon in 76. He
is playing in the first match contests
today with r. B. Martin of Calumet,
whose qualifying mark was ia.
Penalty Costs Place.
Leon Mitchell should have had 32d
place, having finished the qualifying
rounds with III, but was penalized
two strokes on protest of j. b. Rahm
of Omaha, who was thereby allowed
the place. Leon Mitchell drove over
the water at the 18th hole and the ball
rolled back. He played his next shot
from the far side and counted a stroke,
but the committee penalized him.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-09-05
FROM THE DOPE BOX

Decatur Review: Manager Charley
Buelow of the Peoria team was seen
at the Decatur hotel last night and be-
ing asked what he had to say on the
Cedar Rapids trouble, replied he had
nothing whatever to do with it, neither
did any of his players. He holds the
Journal man responsible for all the
trouble, saying he probably overheard
a few words spoken in a joking way
and took it seriously. 1t is quite prob
able that both the evening papers at
Peoria will have some fun before Bel
den Hill gets through with them.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-09-05
GAMES TOMORROW.
Dubuque at Rock Island.
Davenport at Cedar Rapids.
Decatur at Bloomington.
Springfield at Peoria.

The Islanders took a featureless
game from Davenport ct Island City
park yesterday by a score of 2 to O..
The Burgers were seldom in any dan
gerous positions during the game and
sharp fielding and the good work of
Scott in the box prevented them from
scoring While the game was void of
any spectacular playing it was, after
all, good exhibition. Lewis started
the game for Davenport in the box, but
went TO the center garden in the Sec
Ond inning. Walters taking his place
and Curtis holding down the second
pillow. Walters. however. offered lit
tie but straight balls, and the Island
ers did not have much trouble in con-
Meeting.
Scored Two Singles.
1t was in the fourth inning that the
home team succeeded in scoring and
that was on two singles. Carlisle bunt-
ed the ball and it rolled slowly down
the third base line. Walters perhaps
thought that the fates were with him
for he let it roll. The ball rolled on
and Carlisle reached first before Wal
tiers realized that it was hit. Wan
ner struck out and Swain went out by
the route across to first. Vandine
singled to left and Carlisle galloped
home In the seventh inning Swain
hit safely TO left and Vandine singled
in the same direction. bowers sacri-
feed and Swain went TO third. Dow
ers started to steal and Nieman en-
deavored to lead Swain off third by
throwing the ball to Burg. Burg slip
ped and fell, and bowers was safe at
second, while Swain took a sneak
home. The score:
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-09-05
PERFECT SCORE IN GAME
julius HasIer Bowls 300 at Outing Club
Davenport, Making Record.

Julius Hasler, in a bowling contest
at the Outing club, Davenport, last ev-
ening rolled the perfect score of 300.
There were seven contestants in the
game. and this is q record being the
first time so far as known that a per-
feet score has been made with seven
entries. Mr. Hasler is a member OF
the Pastime Bowling club.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-09-05

Richard of the Goldfield Athletic club
yesterday said: Young Roosevelt
was not at the ringside during the
Gans-Nelson fight, nor has he been in
Goldfield. A lawyer of New York, who
is visiting in this city. told Larry Sui
Ivan, the clubs announcer, that Roose-
Welt, Jr., was present, and Sullivan an
nounced it,
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-09-05

When two strong men come to
blows, even if they are well matched.
it is not a pleasing sight. but if the
man who gets the worst of it will use
DeWitt's Witch Hazel salve, he will
look better and feel better in short or
der. Be sure you get DeWitt's. Good
for everything a salye is used for. in
GLIDING piles. Sold by ali druggists.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-09-05
Mcnamara Gets On.

Tommy Mcnamara. the Davenport
boxer. and Kid Taylor of Chicago, have
been matched to fight 10 rounds at
Claus Groth hall on Sept IS in con
nectiOn with the Joe Galligan-Stevc
Kenny bout. The event viii take place
under the management of the Daven-
port Athletic club. of which William
Ehlers is the president and manager
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-09-05
Sullivan is After Joe Cans.

Butte, Mont. Sept 5.-Mike Twin"
Sullivan has posted $1,000 for a fight
with Joe Cans The Butte Athletic
club has wired Cans Offering a purse
of $4,000 for the fight.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-09-05

Games Today.
This afternoon the first round of the
tournament proper is being played, and
the pairings are as follows:
CHAMPIONSHIP.
Miss Nancy Grace VS.. Mrs. c. p.
Skinner.
Miss Hagans VS.. Miss Ada Martin.
Miss Elizabeth Mott VS.. Miss Sue
Denkmann.
Miss Frances Blunt VS. Mrs. Frank
MiXter.
CONSOLATION.
Mrs. n. d. Ely VS.. Miss Elizabeth
Swiney.
Miss Sarah Dart VS.. Miss - Mabel
Lardner.
Mrs. F. w Bahnsen VS.. Miss Eliza
beth Barnard.
Miss Mary Seller VS.. Miss Hertha
Emeis.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-09-05
Pain From a Burn Promptly Relieved
by Chamberiain's Pain Balm.

A little child of Michael Strauss of
Vernon, Conn.,, was recently in great
pain from burn on the hand, and as
cold applications only increased the
Inflammation, Mr.. Strauss came to
James n. Nichols, local merchant,
for something to stop the pain. Mr..
Nichols says: Il advised him to use
Chamberlain Pain Balm. and the first
application drew out the Inflammation
and gave immediate relief. / have used
this liniment myself and recommend
it very often for cuts, burns. strains,
and lame back, and have never known
it to disappoint." For sale by all lead
ing druggists.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-09-05
Meet Rock Island Team Here

In the published schedule of the
Monmouth high school football team
the first game announced is with Rock
Island high school in this city Septem-
Der 20.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-09-05

Double play-Ball to Lizette. Struck
out-By Owens, 6; by Swain. A. Bases
on balls-Off Owens, 6; off Swain. 4.
Wild pitch-Owens. Passed ball-Ber-
ry. Time-1:35. Umpire-O'Connell.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-09-05

Are your bones aching, nerves tired,
nights restless, kidney and liver trou-
bile, energy low? These are signs of
low vitality. HOLSTERS Rocky Noun
tain Tea win make you we'll Tea or
tablets. 80 cents. T. H. Thomas phar-
macy.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-09-05
FINAL ONE OURS
Islanders Defeat Davenport in
Last Game of the Pres
emf Season.
CLEAN, BUT FEATURELEss
Scott Held Visitors to Three Hits and
Had the Satisfaction of Making
il Shutout.
RESULTS YESTERDAY.

Rock Island, 2; Davenport. 0.
Springfield. 2; Bloomington, 1.
Peoria. 8; Decatur, 4.
Cedar Rapids, 5; Dubuque, 2.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-09-05

When you have cold it is we'll to
be very careful about using anything
that will cause constipation. Be par
ticularly careful about preparations
containing opiates. Use Kennedy's
Laxative Honey and Tar, which stops
the cough and moves the bowels. Sold
by all druggists.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-09-05

FeOfIa ......U o U L U -
Decatur 2 0 0 0 o 0 0 o.
Two base hits-Walters. Bryette.
Three base hit-Raymond Struck out
By Jaeger, l; by Schneider, g. Dou-
bic play-Raymond to Buelow. I'm
pire-Hoffer. Time-1:35. Attend
ance-900.
Bunched EN- on Swain.
Cedar Rapids, Iowa, Sept. 5.-The
locals punched five hits on Swain in
the first inning and won an easy vic
tory. Score:
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-09-05

President Van Horne. president OF
the Davenport baseball association
takes on occasional hand in decd ding
the fine points of the game for his
team. In Monday mornings contest
re Eul came up to bat early in the
game and tried to hit left handed. He
fouled out. Mr. Horne noticed the
change and after figeting about in his
seat for minute went down and
called out Captain Burg. You tell
Eul if he does that again it will cost
him ten," said he And Jake was easy
meat for the Rock Island batters from
that time on.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-09-05
ROOSEVELT 5i..NoT At FIGHT

Story That Presidents Son Saw Cans
Nelson Bout Denied.
Goldfield. Nev., Sept 5.-President
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-09-05
Saturday Sept. 8.
LOST IN NEW YORK

a Play for the Women and Children.
East River by Moonlight, with Prnc-
teal Steam; Launch. ROwbOnfS. md
Other Water CTaft.
BIueISwcIi's Famous Island Prison
Also Historical Madison square and
Grnmmcrcy Park.
Five New SreciaIties Have Been Add
ed This Season.
KNOWN FROM COAST TO COAST.
Priccs-Matinee. Toe and 25c Night.
1Oc. 20c, 30c and zoe.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-09-05
Peoria Wins Easily.

Peoria, H.. Sept. 5.-A batting rally
in the sixth and seventh innings gave
Peoria an easy victory over Decatur
by score of to 4. Score:
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-09-05

Bases on balls-Off Scott, 2. Double
plays-Cook to Wanner to Rudd, 2.
Struck out-By Scott, 2; by Walters,
2. Passed ball-Nieman. Time-1:15
Umpire
Won on MisjudGed Flies.
Bloomington, ILL.,. Sept. "a pitch
ers' battle went 10 Springfield, two mis-
judged flies giving the visitors two
runs and the game Both pitchers were
given sensational support. Poor base
running by Bloomington cost one or
Snnrn
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-09-05
The Scores.

Following are the qualifying scores
of the round yesterday afternoon. Miss
Nancy Grace and Miss Elizabeth Mott
tied for the low score. no, Miss Ha-
gans being next with 113. The scores
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-09-05
FOR TWO TROPHIES
Ladies. of Rock Island Arsenal
Golf Club in Annual
Tournament
FOR THE CHAMPIONSHIP
Miss Nancy Grace and Miss Elizabeth
Mott Tie for Low Score, With 40
First Round is On.

In Tuesday afternoons play at the
Rock Island arsenal golf links. Is wo-
men entered to contest for the wom-
ems championship cup of 1906. The
slight rain did not affect the course, as
it is still very fast. The scores of this
year compare favorably with those of
last years qualifying round. Although
there is not nearly the attendance in
the women's match as the mems, still
there is good enthusiasm displayed
among the contestants.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-09-05

Davenport's supply of bats dwindled
during the series here till at the close
of yesterdays game there was but four
or five left. Good thing the season
doesn't last much longer.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-09-05

Springfield =. 30 0 0 0 0 0 0 0 p
Two base hit-Novacek Three base
hit-Beck. Struck out-By Kinsella,
g. Bases opxHballs-Off. Kinsella, 4 !:
off Barker, ID Observation-Disclosures At
.tendance-237
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-09-05

All the news all the time - THE
ARGUS.
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1906-10-18

Republican Central Committee
Steele County, North Dakota.
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1906-10-18

The Clever Salesman Who Knew
Women's Ways.

The Clever Salesman VINO Knew
Women's Ways.
zone moment, madam, if you
please" cried the heavyset man, aris-
Ing in the convention of women's
clubs. 81 beg you will permit me to
say one word al to the crying evil. I
am overjoyed to see you ladies so bold
1y attacking the wickedness Of our
country, but I beg to call your atten-
ton to the insidious, atrocious peeka-
boo waist. 1 cannot find words to ex-
press my opinion Of it. Why, I am
Informed that tomorrow morning the
firm of Jiggs, Jaggs & Co. will throw
on their counters several thousand of
these immodest garments at the ride.
ulcusly low price of a dollar each! I
beg you to take some official action on
this crying evil. Thank you very
much for your attention"
The heavyset man then left the con.
vention. Next morning, at the store
of Jiggs, Jaggs & Co. he might have
been seen in the private Office Of Mr..
Jaggs, taking another order for a load
Of peekaboo waists and receiving con
gratulations on the popularity of his
goods.-Judge.
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1906-10-18
SUBSCRIPTION T E

Per Year, In advance..... .......-"". SI.oo
Sir Months rs
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1906-10-18
Democratic Ticket
STATE

STATE
For Congress-John D. Benton. Fargo.
A. g., Burr, Bottineau.
For Goyernor-John Burke, Ramsey.
For Lieutenant Governor
NJ, D. Williams. Stutsman.
For Secretary OF State-A. Il. Berg. Griggs.
For Auditor-Frank Reed. Burleigh.
For TreaSurer-M. F. Hegge, Trail.
For Attorney General-D. c. Greenleaf, Ward
Fol lnSural ce Commissioner
C. H. Anheier. Cass.
For Commissioner of Agriculture
julius Wirkus, Walsh,
For superintendent Of Public Instruction
For Railroad Commissioners
I. Y. McCoskery, Grand Forks.
William Schultz. Richland.
William Schulz. Barnes.
For Supreme Court
c. J. Fisk. a years. Grand Forks
D. E.. Morgan, Is years)Ramsey,
LEGISLATIVE.
For Senator, 10th District
E D. Washburn, Steele County,
For Representatives. 10Th District
l. Williams, GriggS County.
j.. Il. Armstrong. Griggs County
Christ Jensen, Steele County.
COUNTY.
Sheriff.. NJ. Fuller,
AUDITOR. A. klovstad,
TreaSurer-Lewis Thompson,
Register Of Deeds-R- D.. Patterson,
Clerk OF Court. A. Wright.
Probate Judge-R. A. Pope,
Supt. Of Schools-Mrs Rena Mclaughlin.
States Attorney-Wm. Barclay.
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1906-10-18
JEFFERSON AND THE FLY.
Was Afraid the Insect Might cat&h
Cold.

Was Afraid the Insect Might cat&h
Cold. K,
A new "Joe" Jefferson anecdote ia
contributed to the current Harper's
Weekly by a writer who vouches Cor
its novelty. Mr.. Jenerson's kindness
of heart, 1t appears, extended to the
smallest of animals. Upon one occa-
sion he was dining with an acquaint-
ance when a fly dropped into the
other mans coffee. The man care
fully ished it out, and called to a
waiter.
Here" he said, take this poor
little fellow-be very careful or you
will hurt him-and put him out Of
doors"
Mr.. Jefferson laid a restraining hand
upon his shoulder.
"Why, how can you think of such q
thking, my dear friend? Don't you
see that 1t is raining? Suppose the
o little fellow should catch cold!"
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1906-10-18
Resolutions

AT the recent meeting at S~herbrooke
the Republican county central com
mittee passed the following resolut-
ions.
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1906-10-18
-"----~ g.
WHAT HE SAlD.

but It Referred, Indirectly to Her
Age.
so romantic Arminta Laschans Is
going to be married! And I hear that
young Skippefpat was ungallant
enough to remind her that she was no
longer youngl And she carrying the
idea that no one had such a thought"
oh, phraw! All that Skipperpat
said was this: Amanda was shipper
Ing and saying that she had drunk
tirst Of the nscter Of love in her teens,
but the cup wa dashed from her lips.
and now abe was quafing 1t again;
and all that skipperpat said was that
1t reminded him Of what the governor
OF North Carolina said to the governor
Of South Carolina"
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1906-10-18
REPUBLICAN TICKET

CONGRESSIONAL
Members of Congress
T. F. Marshall
A. J. Gronna
STATE
Justices of Supreme Court
D. E. Morgan, 6 years
John Knauf, 4 years
E. Y. Sarles
Lieutenant Governor
r. S. Lewis
Secretary of State
Alfred Blaisdell
State Auditor
n. L. Holmes
State Treasurer
Albert Peterson
Attorney General
T. F. McCue
Commissioner of Insurance
E. c. Cooper
Superintendent of Public Instruction
W. L. Stockwell
Commissioner of Agriculture
W. c. Gilbreath
Commissioner of Railroads.
c. S. Deison
Eric Stafne
Simon Westby
LEGISLATIvE-l6TH DIST.
Maynard Crane
Representatives
Nels Hemmingson
G. 81. Stavens
S. H. Nelson
COUNTY,
I. W. STANDBY
G. o. Johnson
S. Mcpherson
Register of Deeds
H. J. Rindy
Clerk of District Court
P. O. Satire
States Attorney
j. NJ. johnson
H. Bacharach
County Judge
A. S. Moote
R. D. Ross
Superintendent of Schools
A. G.. Miller
Justices of the Peace
G. A. Monteith
Lewis Rinde
w. J. Skinner
r. j. Still
Constables-
L. N. Bugbee
Fl. A. Burner
w. S. Holt
W. Fl. Potter
Commissioner End Dist.
Ole N. Grefsheim
Commissioner 3rd Dist.
K. S.. Sulland
Commissioner 9TH Dist.
j. B. Oxton
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1906-10-18

A notable feature of the local
theatrical season is the engage
ment of Miss Laura Franken-
held, who will appear in the new
play, "A Daughter of Colorado,
at the Opera House on Oct. IS.
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1906-10-18

Jas. Loney has placed an order
for two carloads Of Michigan
apples, which will arrive in due
time. Parties wishing good
apples will do well to place their
orders now. This consignment
is from J. P. Coleman. of Mar
shall, Mich, the party from
whom the consignment two years
ago was bought and which gave
the best of satisfaction. Price
and quality guaranteed.
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1906-10-18

Doctor-Now. see here, before
[ take your case I want to know
what kind of groceries you eat.
Prtient-Most any old kind, but
| expect to eat nothing but the
Monogram" and University"
after this. Doctor-Good; your
case will be easy to cure. Al
ways eat Monogram and uni
versity" Brand, they are pure.
Sold by Kraabel & Kraabel.
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1906-10-18

Rev. PA. Scott, formerly min
lister at this point, will occupy
the pulpit at the Methodist
church next Sunday morning
and evening. On the following
Sunday. Oct. %, the Rev. Mr..
Hutchinson, of Casselton, will
Occupy the pulpit.
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1906-10-18

Entered at the post Office at Hope, North Da
gota. as second class matter.
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1906-10-18

The engineer in charge Of the
installation of the water system
for the railroad at this point ar
rived Friday and Immediately be-
gan preparations for the erection
of the new tank.
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1906-10-18

initiating to republicans that this at
tempt to demoralize and debauch the
supreme court of our state comes from
within our W party and bears the
seal of party regularity. But this fact
should all the more serve to arouse all
believers in the truth of republican
principles to active and aggressive OPP
position. 1t this attack upon our SUI
preme court is to be defeated at the
coming election it must be done by re-
publican votes.
independence is one of the cardinal
doctrines of republicanism. Your
committee, therefore, urges republican
voters of the county to exercise indie
pendence in this contest. Arouse your
selves from the political apathy
that prevails. Get interested
yourself, and get your neighbor inter-
ested. Remember, that the privileges,
of citizenship carry with them public
duties, and that very important among
these duties is that of casting an in
telligent and conscientious ballot.
There are a thousand republican votes
in Steele county. and every one of
them ought to be cast for Judge Fisk.
No national contest is involved,
and by supporting Judge Fisk, you
can not only uphold the dignity and
purity of the supreme court, but you
are also afforded an opportunity to
administer a just rebuke to the alleged
leaders of u party here in North
Dakota and without injury to the party
as a political organization.
Your committee trusts that their
decision to recommend the support of
Judge Fisk by republican voters, and
the reasons herein given for such &C
ton will meet with the approval of the
republicans of the county. We know
you will not question Jul sincerity,
and that you will realize that we have
recommended such exceptional action
only because Of our desire to perpet-
uate the integrity, high standing and
ability of the supreme court of our
state: to promote our party's welfare,
as we'll as to further the cause of good
government.
i (Signed)
, t. o. %Schjeldahl, Chm
; c. G. Boise, Sec.
\, j. A. Carlson, Treas.
: c. S. Shippy.
T. S. Hunt.
Republican Central Committee
Steele County, North Dakota.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-02-08
Demurrers to Evidence.

Editor The TimeS-DlSpdtcH:p iG2 SOL. u
Sir,-The subject OF demurrer to evil
dence, now under consideration in the
Virginia Senate, Is one OF the utmos:
importance. The demurrer is an antique
and unscientinc way of raising ques-
ton of, law on evidence which has been
submitted to a jury. The effect of the
demurrer is to Withdraw from the jury
all consideration of the facts and to
submit to the court two questions, of
which the second only, In strictness, IS
n question of law. namely. whether 4
verdict for the party; who gave the evil,
dence could be given, first, as matter
of legitimate Inference from the evidence,
or second, as matter of law. The de-
murrer in Virginia exists in its most
antique and unimproveu form, except In
cases within the Jurisdiction of the Fed
eral courts, and which are tried there.
The object of the Senate bill is to cure
it's worst features, and mako the law Of
trials more certain and just ito. lltigants
especially in negligence and damage
cases.
Since the year. 1913 the United states
courts haev refused 10 compel parties 20
join in the demurrer sto evidence. lit is
in the discretion of the \, Federal trial
courts to allow II or not, as they SCI, INT;
and the action of s;the courts In permit
ting or refusing It Is not assignabe as,
error on appeal. (Van Stone VS., Stillwell
& Biercc. NIfgrs., 143aU.SS., 1874, decided
in 1871 This attitude of the Supreme:
Court of the, United States was reached
when Chief Justice Marshall was at the
zenith of his great powers. The judges
had before them, the famous case of
Gibson vs. Hunter. y n b. 1877 which.
required the party @demurring to specify
upon the record In writing the facts
which he admitted. In the case of Fowle
VS., Common Council Of Alexandria a
Wheaton, 49, decided In February, 1920,
Mr.. Justice Story delivered the opinion
OF the court and relied upon ana fol-
lowed the case of Glib. N VS.. Hunter, re-
curing the party to admit upon >he'
record the facts before the demurrer
10 the evidence could be received. AS
this had not been done. the, Judgment
OF the lower court in that case was re-
versed and Judgment entered for the
plaintiff,
In Virginia, Judge Mpncure.tS SIN 1873,
delivered the opinion OF the court In the
case of Trout VS.. r. r. Co., % Craft,
635 which was an action for negligence,
In which he held that 1t Wa. rule of
law in this State that u party may he
eompeled to Join inn demurrer to the
evidence If, inathe opinion of the court.
1T Is n case irlSwhich such joinder@ should
be compelleda3ln other words, forcing the
party to join In a demurrer, and thereby
taking the consideration of the case
from tho jury. Allsof the other leading
cases in Virginia refer to- and'follow the
case Of Trout vs., II, II. Co. Hut that
case itself is founded upon AN erroneous
conception Of the case OF Gibson VS..