davidaulloa/AmericanStories huggingface dataset:
Mount Vernon signal. (Mt. Vernon, Ky.) 18??-current, 1906-03-16
BROWN MEMORIAL SCHOOL
FIRST YEAR ENGLISH.

We shall be glad to see the pref
ty warm days but as spring opens
We shall lose severrl of our boys,
who have to go hack to the firms.
Master Benton Thompson who
has been i'll for some time is able
to be III school again.
Miss Eva Fish spent Friday
night at the dormitory.
Recently Misses Stone aud Pet
it. committee for the w. G. T. u.
School at Hindman, XIV visited the
Brown Memorial. They were on
tour Of inspection and visited
twelve schools in all Speaking
Of their experience later, they de-
Clared that out of the whole num-
Der Brown Memorial possessed the
best curriculum. the best dicipline,
and most home-llke influence.
They said furthermore that Miss
Taylor was the best principal they
had seen.
Miss Taylor entertained the High
Scht oil and Gramm mar Grade at The
Langdon Home Friday night from
seven until ten. Games were play.
ed until nine, when refreshments
were served, after which the guests
gathered in the music room and
sang old familiar songs until the
dorrnitory bell gave warming that
it was time to go home.
A recital will be given by Miss
Nell Jordan in the college chapel
March 22nd. Every body is cord.
tally invited.
Mount Vernon signal. (Mt. Vernon, Ky.) 18??-current, 1906-03-16

have just returned from the
city with beautiful line of hats
and not ions, such as belts, collars,
corsets, Swiss embroidery, shirt
waists. Persian lawns. organizes,
etc. Give me call: am always
glad to show you my goods.
Mrs. Cleo w. Brown.
Mount Vernon signal. (Mt. Vernon, Ky.) 18??-current, 1906-03-16

w. A. Coffey, of near Wilde,
brought to this Office a few DAYS
since, one of the most peculiar
freaks of the fowl creation, we
haze ever seen. II was a we'll de-
developed chicken with Two sets of
legs, two pairs vi wings, two tails,
and double neck, the neck grow
ing out from about the middle of
back.
Mount Vernon signal. (Mt. Vernon, Ky.) 18??-current, 1906-03-16

Mrs Lee Jordan, of Langford,
died few days since as result of
a burn. She was visiting her par
ents near Kingston, Madison coun-
~, when the accident occurred, and
was never atle to be moved to
her home.
Mount Vernon signal. (Mt. Vernon, Ky.) 18??-current, 1906-03-16

EGGs:-I have the b.own and
buff leghorn mixed ard will sell Sci
tings OF eggs. of IS for IS cts
paid S. 90 for two settings of thes
eggs MRS. W II BRANnMAN,
mr. o-3t. Wilde, XIV.
Mount Vernon signal. (Mt. Vernon, Ky.) 18??-current, 1906-03-16
LOCAL

EGGs:-Duston White Wyand-
otte eggs. Americas leading strain
of White Wyandoites. rs for 75c.
80 for 81 IS. 100 for s. so.
D. E. Proctor, Quail. KY.
Mount Vernon signal. (Mt. Vernon, Ky.) 18??-current, 1906-03-16

READY MADE WAISTS We
have just received an elegant line
of ladies' ready made shirt waists.
The ladies are cordially invited to
call and see them.
ROBT cox.
Mount Vernon signal. (Mt. Vernon, Ky.) 18??-current, 1906-03-16
p Err son AL

ly i'll.
We are glad to report Mrs. Geor
Qia Franklin very much better.
Miss Ella Dunn, of Danville. is
the guest of Mrs. M. L. Myers.
Miss Susie Thompson visited in
Somerset and Stanford this week
w. L. Jones, of Wilde, was Wis
iting his cousin. Will Fish, Well
nesday.
DR. VI l. Myers contemplateS
eoirg 10 Indian Territory tor few
dlvS in next month
DR.. Benton, Barbee McAtee and
John Robins attended the lodge
here Monday night.
w. N. Riggs. Assistant Coal
Inspector for the L. & n. R. R :,
was here first Of the week.
c G. Miller. Ii snager of the Lev
el Green handle factory, was in
livingston this week on business.
a. H Buckuer, of Knoxville,
Tenn, is visiting the family of Mr.
and Mrs A. H Hamlin this week.
Rev r. Mahoney was here
Tuesday, He told us that he ex-
poets to leave next week for Cuba
Mrs. w. J. Sparks and Miss Mat
Williams attended the Houk Good
all wedding at Nashville Wednes-
day.
Luther CumninS. head sawyer at
&C. Miller's handle factory near
Level Green, was with homefolks
Sunday.
w. F. Champ has returned from
the cities where he has been to re-
plenish his stock of goods. Paint
Lick Cor. Berea News.
A. w. Seward has resigned his
position in Cincinnati and returned
to Mt. Vernon. He will probably
60 to Barboursville and work
awhile.
G. w. Gentry, Jr., was iii Lou
isville this week where he bought a
new saw mill complete. Price
paid $3.50. He sold his old mill
to w. H. Rich.
Capt. NJ. F. Smith and little
daughter are spen ding the week in
Atlanta. Ga. Capt. Smith is large
Is interested there in lands and
cotton interests.
Cossie ID. Sutton has resigned
his position with H. J. McRoberts,
Stanford, and returned to his first
love, chief clerk in the large gener-
al store of U. G. Baker.
Mrs. D. P. Bethurnm was taken
very seriously i'll suddenly Monday
caused by rupture of a blood yes
sci on the brain. She has been
unconscious from the FIRST, and the
last report showed no improvement.
Misses Mamie Cummins and
Bette Pennington; the two Young
ladies who joined the Baptist
church during the revival conduct
ed by Rev. Argabright, were hap
tized Sunday, by the pastor, Rev.
Briscoe.
Miss Alma Newl:ind, who ha:
been doing dress making here fol
several months, has decided t
learn millinery and will leave mex
week for Louisville: Miss, wher'
she will take lessons under Mis-
Katie McMillen, leading MILNE
in her State. Miss Newland is go
ing South on account other health
Mount Vernon signal. (Mt. Vernon, Ky.) 18??-current, 1906-03-16
GA . It 1TA.
Bears the n The Kind You Have AISaJs Bssot
Signature ef &HHzzM

For SALE-A farm of I7s
acres located on Somerset road IA
miles West of Mt. Vernon, good
house, good barn and all necessary
outbuildlngs, orchard of I3S trees.
good fencing and we'll watered;
and plenty timber to run farm.
We desire to sell with this farm all
stock and farming implents thereto
belonging, consisting of two good
work an brood mares, two nice
yearling FLIES, ! mich cows and
several hogs, hay, corn etc. This is
the property of D, Cummins ard
can be bought at bargain. For
further information GALL upon D.
Cummins or f S Albright.
Mount Vernon signal. (Mt. Vernon, Ky.) 18??-current, 1906-03-16

Mr. and Mrs. r K Pike we're
here Tuesday having dental work
done.
Mount Vernon signal. (Mt. Vernon, Ky.) 18??-current, 1906-03-16

A certain person i'll town inter
ested in some business affairs in
Cuba, desired 10 give their represent
tative there, power of an attorney
to make certain changes or trans
fers. In order to do so, the follow
ing red tape" procedure was
necessary: The patty appeared
before A. B. Furnish, notary pub
lie and made affidavit; this was
sent to H. V. McChesney, Secreta
~ of State at Frankfort, who GER
tilted to the Secretary of State,
Elihu Root. at Washington, that
A. B. Furnish is a Notary Public OF
ROckcas;le county Kentucky. The
Secretary of State at Washington
Certified to the Cuba N ,ist.r tha,
n. V. McChesney is Secretary of
State of Kentucky; and in turn the
Cuban Minister certified TO his
government that Elihu Root is
Secretary of State of the L S.
Mount Vernon signal. (Mt. Vernon, Ky.) 18??-current, 1906-03-16

Dick TIalComb, a section hand
had his foot badly mashed last Sat
urday by truck car running over
it loaded with steel railing.
Mount Vernon signal. (Mt. Vernon, Ky.) 18??-current, 1906-03-16

The Cumberland Telephone Co.. ,
has had representatives in this
county for past ten days securing
right of way for line from Stan
ford to London where they will
connect with r Tennessee system
We are pleased to note that the
company have agreed to place their
wires into the switchboard of the
RoCkCaslle Home Company, Mt
Vernon, in charge Of General Mar
ager Maret. thus averting a small
telephone war which is never bene-
fetal. in the long run, TO the tele-
phone people or the public. Mr.
Msret feels under obligation to the
citizens of Mt Vernon and and the
county for the firm and faithful
stand they have taken during the
tendency of negotiations as we'll as
in the past The people appreciate
the fact that he is the pioneer tele-
phone man in South Eastern Ken
lucky, having built up the Rock
castle system from its infancy in
1898 and would not like to see his
interests jeopardized. It's believed
the new arrange nent will be bene-
fetal and satisfactory to all CON
cerned.
Mount Vernon signal. (Mt. Vernon, Ky.) 18??-current, 1906-03-16

In declaInatory contest between
The three literary societies of Tn
ION College; Barboursville, on last
Friday night, there being eight
contestants. the prize, free schol
arship to the spring term of the
College. was awarded to Miss Clar-
ence Costellow Albright. oldest
daughter of DR.. and Mrs. G. H.
Albright. The Stray Suubeams, 3"
by Frank NJ. Gilbert is the produc-
ton Which she recited It is an
homer of which she is justly proud
There was a serious fight, tonight
near Rogersville Monday night. G..
w. Crawford. of Rockcast!e count,
was severely wounded and ore
horse shot. There has beeu sever
al parties arrested and put undt r
bond, for their appearance in court
ut the parties that are believed to
have done the shooting, are Staple
ton and hurry from Clay county,
but they have made their escape
and have not been caught.-M Mote
Cor. Berea News.
Mount Vernon signal. (Mt. Vernon, Ky.) 18??-current, 1906-03-16
AFFLICTED WITH RHEUMATISM.

Il was, and am yet afflicted with
rheumatism, says Mr.. J. G. Bayne
editor OF the Aearald, Addington,
Inaian Territory but thanks 10
: chamberlain Pam Balm am st,le
once m0ic TO attend to bus!ness.
It Is the best Of llnimeu,s - IT
troubled vijh rheumatism give
PAM Balm Il trial end you are Ger
tain to he more than pleased with
he prompt relief which it affords.
C'e application relieves the pain.
FOr SAFE by Chas. T. Davis, leading
,lrne gist.
Mount Vernon signal. (Mt. Vernon, Ky.) 18??-current, 1906-03-16

CIUBTNG OFFER: Until further
notice we will furnish the Signal
nd Weekly Contier Journal io-
81 so q year, or the Signal and
louisville Herald Daily for s. 90
- ash must accompany all orders
under this arrangement
Mount Vernon signal. (Mt. Vernon, Ky.) 18??-current, 1906-03-16

Entered at the Mt Vernon, Ky. Postoffice
AS second class mail matter.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-13
Notice Of Application for Permission
10 Appropriate the Public Waters Ct
the State Of Nevada.

Notice is hereby iven that on the
18th day Of Sept, 1905, in accordance
with Section %, Chapter XLVI, of the
Statutes of 1905, one Philip V. Mighels
and Frank l.. Wildes of Carson,
County Of Ormsby and State of Ne
vada, made application to the State
Engineer of Nevada for permission to
appropriate the public waters of the
State of Nevada. Such application to
be made from Ash Canyon creek at
points in N E u of S w Il Of section
10 T Is N R 10 E by means of a dam
and headgate and five cubic feet per
second is to be conveyed to points
in n E a of S w "a Of section IL,
I Is N r 10 E., by means Of a fume
and pipe and there used to generate
electrical power. The construction
Of said works shall begin before June
l, 1906, and shall be completed on IT
before June 1, 1897 The water shall
be actually applied to beneficial use
on or before June /, 1908.
Signed:
HEN..Y THURTEIL,
State Engineer
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-13

The sand is q part of the land for
which plaintiff seeks deed in his con-
plant, the same as ore. marble nr
stone before removal is a part of the
reality.
State " Bergman, s New. 26S.
Kingsley V. Holbrook. IS n. H. 319
Stevenson v. Bachrack, 10 I'll. 1856
State V. Pottmeyer, SO Ind. 4o2.
Garry V. Daniels, 8 Metc. 4S0.
Lux. V. Haggin, SO Cal 255.
2 Blackstone Com. IS.
Lime Rock r. k. Co. " Farnsworth,
Sc Ne. $50.
The defendants were aware that the
plaintiff demanded a conveyance of the
whole of the land, and they could have
avoided costs by rendering a deed for
that part Of it comprising the san l.,
and the right of it's removal. in the
same way that immunity from costs
may be secured by an offer to allow
judgment for a less sum Or estate. Or
for a smaller quantity of land or per-
sonal property than that demanded IN
the complaint.
In Schreder V. Gemeinder, Justice
Hawley, speaking for this court SAID.
I'VE are satisfied that the objection
urged upon the ground that the premi-
ses described in the deed were not
the same as described in the lease is
not we'll taken for the reason that
no such objection was made at the
time the deed was presented. If that
was the only objection respondent
ought to have SO stated at the time
of the tender. But in any view this
objection could only be urged upon a
question of costs and not to defeat ap-
pellants rights. Courts of equity
ought to determine the rights of the
parties according to the broad prinCi-
pies of justice and fair dealing. and
not by the technical and refined dis
tinctiOns of the law
This judgment and order are re-
versed, and the district court is direct
ed to decree the execution on the part
of the defendants of the proper deed
conveying to the plaintiff the sand on
the premises described in this COM
plant and the exclusive right to e
move the same to which he is entitl id
as shown by the uncontradicjed evil
dence and findings with his costs, if
the proper memorandum thereof is
filed within two days after the entry
of the decree under the usual practice
and Sec. 1881. Pursuant to the mo-
ton of respondents the items of eV-
pense in the lower court are stricken
out of the cost billed here. but the
reporters fees of $1,000 for trans
cribing notes or the records on appeal
and the cost Of tvpewriting briefs are
allowed to stand under Rule VI, AMI
the decision in the recent case CT
Gambler V. Ditch Co.
Talbot, J.
| concur:
NOrcrOSS. J.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-13

of the suit, because plaintiff had failed
to prove defendants to have been IN
default.
Should defendants hereafter refuse
to permit plaintiff to take sand in ac-
cordance with the contract as stated
in the said finding, it may be that
plaintiff would have his action to en-
force said contract; for then it may be
that he could allege not only a con-
tract to take the sand but also breacn
thereof by defendants But as the
case now stands here there is no
breach of such contract either alag
ed in the complaint Or proved by the
evidence
Therefore finding no error in refer
ence to either the judgment or the or
der appealed from, | think said jud1-
ment and the said order should be
affirmed.
Fitzgerald, c. J.
Filed Dec. 2Sth, 1905.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-13
ORDINANCE NO. 112.
Or Ordinance for the Licensing of
Games and Gambling Devices in
Carson City.
Filed Dec. 2Sth, 1905.

Or Ordinance for the Licensing of
Games and Gambling Devices in
Carson City.
The Board Of Trustees of Carson
City do ordain:
Section 1. Each and every person,
firm, company, corporation, or asso-
citation within the limits of Carson
City, who shall carry on as agenr,
manager, owner or proprietor, any
game of faro, roulette, rondo, keno,
or any other game not prohibited by
the statutes of the State of Nevada,
or who shall carry on or operate any
nickle-in-the- slot-machine, or who
shall carry on or conduct any bank
ing game played with cards, dice or
other device, whether the same be
played with money. checks, credit or
any other valuable thing or repre-
sentative of value, shall pay for and
obtain city license to carry on such
game, and shall pay or each license
twenty-five dollars (s25.oO) per month
provided that when more than one
of said games are carried on in the
same room or apartment, whether
by the same or different owners, eacn
game SO carried on shall be separate
ly licensed; and provided furthe-,
| that the license imposed by this Or
dinance is for the revenue only, and
not for the purpose CT prohibition,
suppression or regulation.
Section 2. The provisions Of this
Ordinance shall apply to all time
on and after October l, 1905.
| Section s. Ordinance Number So
and all other ordinances or parts of
Ordinances in so far as they conflict
/ With the provisions of this Ordi
| nance are herby repealed.
President of the Board of City Trus
tees OF Carson City, Nevada.
| Attest:
H B. Van Etten. Clerk.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-13
Ho. For the West.

Tell your friends that the colonlst
rates are going into effect March 1sI,
1905 and expire May Is, 1905. The
rate from Chicago, III, $31OO, ST. Louis
Mo-, New Orleans, La, $50 90, Coun-
Gil Bluffs Ia, Sioux City. Ia, Omaha,
Neb., Kansas City, Mo-, Mineola, Tex
as and Houston Texas, $500 Rates
apply to Main Line points in galifo-.
MIA and Nevada
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-13
OFFICIAL COUNT OF STATE
FUNDS
STATE OF NEVADA,
County Of Ormsby. S. S.

County Of Ormsby, S. S.
James G. Sweeney being duly sworn
Say they are members Of the
Board of Examiners of the State Of
New. that on the 29th day OF Nov rs
they, (after having ascertained frora
the books of the State Controller tn 3
amount of money that should be in
the Treasury made an Official eXami-
nation and count of the money AMI
vouchers for money in the State Ire.
asury of Nevada and found the same
correct as follows:
Coin Sl5l.1O7 80
Paid coin vouchers not re-
turned to Controller 1886 Il
Total 167,e45 90
State School Fund Securities.
IrreGeemable Nevada State
School bond $4,000 90
Mass. State 3 per cent
bonds $4,000 90
Nevada State Bonds 253, 700 90
Mass. State 31a per cent
bonds $4,000 90
United States Bonds 215,0OO 90
Total S1S66,6 30
w. G. Douglass
James G. Sweeney
Subscribed and sworn before me this
10Th day of November, A d. 1905.
]. Doane,
Notary Public, Ormsvy County, New.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-13
GREETING TO
JOSEPH w BULkLEY
Defendant.

Defendant.
You are hereby required to appear
in an action brought against you by
the above named Plaintiff. in the Di =
trict Court of the first judicial Dis
trict of the State of Nevada, OrmsDy
County, and answer complaint filed
therein within ten days exclusive of
the day Of service) after the service
on you CT this Summons Is served al
County, but within the District. twel-
ty days, in all other cases forty days,
or judgment by default will be taken
against you according to the prayer
of said complaint.
The said action is brought to obtain
the Judgment and decree Of this court
that the bonds Of n.atrimCny here, y
fore and now existing and uniting yo1
and said plaintiff to be forever annu-
at divers times and .,iaces since SAID
marriage you have committed aduItry
with one Kate Cottrell, and particular
ly that from about the 9th day of Ju le
1900 to and including, the 18th day
OF June, 1900, at the Charing Cross
Hotel in the city of London, Eng
land, you lived and coLabited with
said Kate Cottrell.
All Of which more fully appears
by complaint as filed herein to which
you are hereby referred
And you are hereby notified that il
you fail to answer the Complaint, 'he
said Plaintiff will apply to the Court
for the relief herein demanded
GIVEN under my hand and Seal of tn,
District Court of the First Judicla
District of the otate of Neva1;
Ormsby County, this Cd day Of Decenl
Der, in the year of our Lord on
thousand nine hundred and Five.
H. B. VAN BITTEN, ClerH
(SEAL).
Geo. w. Keith.
Attorney fer Plaintiff.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-13
| concur.
NOrcrOsS. J.

Findire myself unable to concur in
the prevailing opinion. | deem it prop
er TO make brief statement of my
View 6 tho oa9o as il appears from
the transcript filed in this court
This is a suit for a specific perfot-
nance of an alleged contract to con-
vev land.
The contract was in the complaint
Of plaintiff. alleged to have been made
nv nlaintiff with one p. G. Glow in the
lifetime of said Glow: and the suit
is against n. II. West. as admins
traitor of the estate of said Glow,
and also against others named in SAID
complaint as claiming under said Glow.
The case was tried without a jury;
and the trial court gave judgment
against plaintiff. The plaintiff appeals
from said Judgment and also from the
order Of the court denying his mo-
ton for a new trial.
The question before us on the appeal
is: Does the evidence sustain the
judgment and order? l think it does,
The plaintiff sued fer land specifi
cally describing it. alleging a contract
with defendants intestate to convey
the same; but his eyidence-the de-
PENDANT not having put in any other
than to cross examine plaintiffs WIT
nesses-shows that he had no contract
TO convey land, but merely the sand
on the premises described. | deem il;
unnecessary to quote or infinitely
state the evidence here. 1t is deemed
sufficient that the general statement
be made that no one of plaintiffs wit
nesses gives evidence of a buying or
selling of land or contract for buy
ing or selling land All the evidence
is as to buying and selling the "sand
pitt or the "sand hili'' on certain
premises described in said evidence:
or contracting to sell such sand oie
or sand hill.
Under such state Of facts this court
would not be justified in disturbing
the finding Of fact made by the Trial
Court that there was no contract Tor
buving, selling OF conveying land: and
without such contract there was moth
ing Of which the Court could decree
specific performance.
The court. however, did find as a
fact that there was a contract between
plaintiff and defendants intestate to
sell to plaintiff the sand on certain
piece OF land described in plaintiff :
complaint; and on this finding appel
liant claims that it was error in the
court not to give plaintiff judgment
for this sand and for plaintiffs cos'
of suit.
Under the pleadings and evidence j!
| the case I think the curt could no
| have properly so adjudged There
was no allegation in the complaint Q
! a denial on the part Of the defendant
or any one of them of this right 0
| plaintiff to the sand: or any allegation
| of refusal by the defendants or an.
one of them to permit plaintiff !;
! take the sand in accordance with tn
| contract as stated in said finding.
is true the court made finding q
such contract: but it made no findin
Of any breach Of said sontract. )
far as anything appears in said findla
in concerned the defendants may haV
always permitted plaintiff to TAX
sand in accordance with the contra'
found to have been made with plal'
tiff by defendants mites ate. Unue
; such circumstances the Court cOui
not have adjudged against the defen'
I ants for either the sand or me cost
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-13

Joe Plat has received samples Of
tailor made suitings which are, with.
out doubt the finest ever shown IN
this city. A number Of suits have
already been made and they are per.
feet fits IN every case. Get yo.r
measure taken and do it beeor< the
best samples are gone. Ne gvaran.
tees dt or no pay.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-13
IN THE SUPREME COURT OF THE
STATE OF NEVADA.

William J. Brandon,
Plaintiff and Appellant,
VS..
N. n. West, as Administrator of the
estate Of 3. 6. Glow, deceased, Grace
Glow, ct al, Defendants ana Respond
ents.
Messrs Mack and harrington, Attor-
neys for Appellant
Messrs. Cheney and Massey, Attor-
neys for Respondent.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-13
SCHOOL APPORTjONMENT.
STATE OF NEVADA,
Department Of Education,
Office Of Superintendent Of Public In.
struction,.

Carson City, Nevada, July II, 1906
To the School Officers of Nevada:
Following is statement Of the sec.
ond semi-annual apportionmen Of
School Moneys for 1905, on the basis
of S6.990202 per census child:
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-13
Re pi.ulation.

Cash in Treasury October 1905
NEUTRALITY-SUSPICIOUS.. 4O023 363a
Receipts from Oct. LIST to Dec
80. 1905 21054 O02s
Disbursements from Oct. 1st
to Dec 80. 1905 ....... .2196S 1925
BalOnce cash in County Treas.
January l, 1906. .S91OS i75s
Respectfully submitted,
II. DIETERICH,
County Auditor.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-13
Defendant

Action brought in the District Coln
of the First Judicial District of the
State of Nevada, Ormsby County, and
the complaint filed in the said county,
in the Office of the Clerk of said Dis
trict Court on the I'd day OF December,
A. d. 1905.