davidaulloa/AmericanStories huggingface dataset:
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-09
THE STATE OF NEVADA SENDS
GREETING TO
lOSEPE " RIII.KIEY
INAE Z
Defendant.

JOSEPH W. BULkLEY
Defendant
You are hereby required to appear
in an action brought against you by
the above named Plaintiff, in the Dir
trict Court Of the nrst Judicial Dis
trict Of the State of Nevada, Ormspy
County, and answer complaint filed
therein within ten days exclusive OF
the day of service) after the service
on you of this Summons Is served III
, said county, or if served out of said
County, but within the District, TWEEN
ty days, in all other cases forty days,
or judgment by default will be token
against you according to the payer
of said complaint.
The said action is brought to obtain
the judgment and decree Ct this court
that tie bonds CT matrimony here's y
fore and now existing and uniting yoI
and SAID plaintiff to be forever annu-
led and dissolved upon the ground that
at divers times and places since sal1
marriage you have committed aduitcy
with one Kate Cottrell, and particular
ly that from about the 9th day of Ju Il
1900 to and including, the 18th day
OF June. 1900, at the Charing eros.
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 j
you fail to answer the Complaint, h
said Plaintiff will apply to the Cour
for the relief herein demanded.
GIVEN under my hand and Seal OF tn
District Court of the First Judicis
District of the otate of Nevai
Ormsby County, this Cd day of Decor
Der, in thu year Of our Lord or
thousand nine hundred and Five
n. 3. VAN ETTEN, Cier
(SEAL). '
Geo. ". Keith.
Attorney fer Plaintiff
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-09
[ concur.
Norcross. J.
Talbot. ].

Finding myself unable to concur in
the prevailing opinion. deem it prop
er to make a brief statement of my
lew Of the case rs t aDnnare from
the transcript filed in this court.
This is a suit for specific perfo,-
nance OF an alleged contract to con-
vev land
The contract was in the complaint
of plaintiff. alleged to have been made
by plaintiff with one B. G. Glow in the
lifetime of said Glow; and the suit
is against N. H. 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 new trial.
The question before us on the appeal
is: Does the evidence sustain the
judgment and order? I think it does.
The plaintiff sued for land. speclfi-
cally describing it. alleging contract
with defendants intestate to convey
the same; but his evidence-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 ii
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 buying u
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 phi
or sand hill.
Under such state OF facts this court
would not be justified il disturbing
| the finding of fact made by the Trial
Court that there was no contract fol
| buying, selling or conveying land; anf
| without such contractthere was moth
ing of which the Court could decree
specific performance.
The court, however, did find as q
/ fact that there was Il contract between
| nreintiff and defendants interstate t
| sell TO pldIHlll TIE Souu ol q vi t'ii
! piece of land described in plaintlf'
| complaint: and on this finding appel
liant claims that it was error in tht
court not to give plaintiff iudsmen
for this sand and for plaintiffs cos
of suit
Under the pleadings and evidence i
the case l think the purt could no
have properly so adjudged Ther'
was no allegation in the complaint
a denial on the part of the defendant
or any one of them Of this right
plaintiff to the sand: or any ailegatio
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 a finding
such contract; but it made no findir
i of any breach of said sontract. :
far as anything appears in said findl:
in concerned the defendants may ha'
J, always permitted plailt'F to tai
e sand in accordance with the contra
Y found to have been made with plai
. tiff by defendants intes1ate. Una'
= such circumstances the Court cou
It no. have adjudged against the defen
ants for either the sand or .he cos
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-09

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 ease. Get yoxr
measure taken and do It beCoes the
ke~t samples are gs0e. He guaran-
tees Z It O. - paV.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-09
Ho. For the West.

Tell your friends that the colonlst
rates are going into effect March LIST,
1905 and expire May Is, 1905. The
rate from Chicago, Ill, S31.00, St. Leuis
Mo-, New Orleans, La, s3G 90, CSun-
ell Bluffs Ia, Sioux City. Ia. OMahs,
Neb., Kansas City, Mo-, Mineola, TDx-
as and Houston Texas, $25.oe. Nx1ps
apply to Main Line points h 0alNer.
mia and Nevada.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-09
IN TIE DISTRICT COURT OF The
FIRST JUDICIAL DISTRICT OF
THE STATE OF NEVADA,
In and for the County Of Ormsby.
Plaintiff

Action brought in the District Cou'
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 ID day Of December,
A. D. 1905.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-09
IN The SUPREME COURT or THE
STATE OF NEVADA.

William j. Brandon,
Plaintiff and Appellant,
N. n. West, as Administrator Of the
estate Of q. G. Glow, deceased, Grace
Glow, ct al, Defendants and 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, 1906-01-09
OFFICIAL COUNT OF STATE
FUNDS
STATE OF NEVADA,

County Of Ormsby, 8. s.
James G. Sweeney being duly sworn
say they are members of the
Board of Examiners OF the State Of
New that on the 10Th day OF Nov 't5
they, latter having ascertained frora
the books of the State Controller the
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 SAINT.
correct as follows:
Coin $151, 107 %
Paid coin vouchers not re-
turned to Controller 1886 Il
Total 1s7,s45 %
State School Fund Securities.
Irredeemable Nevada State
School bond $50, 00o 90
Mass. State per cent
bonds 537 goo "a
Nevada State Bonds 253,70o 90
Mass State 81 per cent
bonds $4,000 %
United States Bonds 215.000 90
Total $1,s66, SAB no
W.G. Douglass
James G. Sweeney
Subscribed and sworn before me this
10Th day of November, A. ID. 1905.
J. Doane,
Notary Public, Ornasvy County, New
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-09
Re pituIation.

Re pi.uIstion.
Cash in Treasury October 1905
.................... .4oo2s sssl
Receipts from Oct LIST to Dec
80, 1905 ....... 21O54 OOss
Disbursements from Oct. LIST
to Dec 80. 1905 ..... .21s6s 501s
Balonce cash in County Treas.
January 1, 1906. $50. S9108 IT'S
Respectfully submitted,
H. DIETERICH,
County Auditor.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-09
SCHOOL APPORTlONMEN
STATE OF NEVADA,
Department Of Education,
Office Of Superintendent Of Public In
struction,.

Carson City, Nevada, July II, 1905
To the School Officers of Nevada:
Following is a 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, 1906-01-09
Fer Sale.

Tive quartz wagons, enc weed AID
one lew wheel wagon, alse harness ~
SIX homes. Hsuss. barn and ~ ~
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-09
Disbursements.

State fund .........6 69c S2ik
General fund. .2732 81
Salary fund 1880 20
Agl Assn. Bond Fund, Series
A, SlUO.Oo ............... ESQ 90
Agl. Assn. Bond Fund, Series
Slo0.ou ...............4 400 90
Co. School Fund. Dist. 1. .3SS IS
Co. School fund, Dist 2. ISL e
Co School fund Dist. 3. 30 70
Co School Fund Dist f.. pa 90
State School fund. Dist 1. .2605 90
State school fund, Dist .. .16O 90
State School fund. dist3 .12O 20
State School fund, Dist 4 .165 90
Special building .... $3.50 90
School library, No. 2. SO 90
Total .1,96S 59lS
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-09

Large fresh Eastern oysters in buls
at Davey & Maishs'
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-09

OFFICE COUNTY AUDITOR
Ormsby County, Nevada.

10 the Honorable. the Board of Con-
ty Commissi~,ers, Gentlemen:
In compliance with the law. I
herewith submit my quarterly n.
port showing receipts and disburse.
ments of Ormsby County, DURING
the quarter ending Dee. 80, 1905.
Receipts.
Balane in County Treasury at
end of last quarter. $40O23 36Ik
County licenses. .............70 1 O5
Gaming licenses ........-. 1857 so
Liquor licenses .............3 80 20
Fee of Co. officers. ......... .531 40
Rent Of county bldg. $500. $50 90
POll taxes .................. b20 Az
LIST. Instalment taxes. 1921 81 u
Special school tax ITO 90it
Slot machine license 1882 90
Cigarette license AZ 80
Semi-Annual Set. State Treas 531 IS
Delinquent taxes. % S0ls
odie u morse IU w
Sale Of pump. .13 90
Keep of W. Bowen. As 90
Total LOTT 36A
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-09

Total 3910S 77h
Respectfully submitted
H. B. VAN ETTEN
County Treasurer
Los Angeles herald., 1906-01-21
Pl0US FOLK IN BERLIN
BLUSH AT Barred LEGS
HENCE IsADoRA oUNcAN's GLASS
is IN ECLIPSE
scanty Dresses Worn by Girls at a
Dance Shock the Goodly and the
Police Say They Must Wear More
Clothes
srcclnl Cnblc 10 rho Herald.

Special Gable to Tho Herald.
BERLIN. Jan. 2O.-Miss lsadora
Duncan has come upon troubled times
The police authorities of Berlin and
Charlottenburg have decided to put
difficulties i'm the way of the great
dress reformer. Miss Duncan has es-
tablished n school at Grunewald, neal
Berlin, where she teaches, among 9th
ers, about score of girls the art ol
dancing, and when they are sufficient
ly advanced she puts them through
their PAGES before large audiences
They are dressed i'm supposedly Greek
costumes. with bare feet and legs,
bare shoulders and arms. Their eX-
hibitions are very amusing, and is
adora nets big sums from the enter
tanments.
Now the police come in and say:
"Fraulein Duncan, these exhibitions
overstep the bounds of propriety;
people think them immoral, and we
think they are calculated to injure the
girls morally by bunting their sense
of propriety. Besides, the law cannot
allow you to exploit them to your
own advantage"
lsadora Duncan is indignant She
laughs at the charge of immortality;
she scoffS at the people who see harm
in the scantiness in the little girls
skirts. She appealed, but the appeal
was thrown out by the superior au-
thorities and she must bend her proud
back to the inevitable and either close
her school of clothe her pupils in gar
ments that will not shock the prudish
BerlinerS.
Los Angeles herald., 1906-01-21
NEW THEORY OF WEATHER
EngIishman Says Opposite Conditions
Prevail in Hemispheres and Thus
Storms Move in Cycles
Special Gable to The Herald.


LONDON, Jan. 20.-'rhis week has
seen not only the first honest rain of
the year but what may be termed an
extraordinary phenomenon for the
month Of January in the shape of Il
fierce thunderstorm.
"CuriOusly enough" writes highly
placed scientist in the Daily Mail, "it
is generally an exceptional case Whicn
gives one a hint as to natures method
of work, and this incites us to exert
ourselves the more to attempt to un-
TaVel her mysteries.
"1here is no question that Western
Europe weather is closely related to
a large system Of weather change
which exists between the eastern and
western hemispheres. and these two
hemsphcres behave always in an op-
posite manner. If one region is cX-
cessively wet the other is extremely
dry, or If one region is colder than
usual the other is warmer
Western Europe, however, is on the
boundary line between these regions,
and it seems quite probable that the
cold of Australia, Egypt and the Red
Sea is i'm the now cold Indian or east
ern area, while Western Europe is iu-
YolVed in the warmer western area
which includes North and South Amer
lea. So delicate is the balance that we
are just as likely to be plunged into
cold weather as TO experience a. con-
tinuance of tho present mild condi.
tions.
Los Angeles herald., 1906-01-21
TROUBLE OVER PARIS GOWNS
Americans Charged High Prices and
Learn That They Are Frequently
Tricked by Couturiers
pecial Gable TO The Herald.


PARIS, Jan. 2O.-Mls. ogden Goelet
recently ordered from well-known
couturier a quantity Of beautiful robes,
including empire evening gowns and all
lace apparel, at fabulous prices. At
her departure the chief Of the house
was heard to say:
"Ah! These American richessimcs
They never dispute our prices. What
shall we do without them?"
And. in fact, it is known i'm Paris
that French grandes DANES are offered
costumes often at half the price which
Americans pay without question. Resi-
dent Americans are beginning TO OBJ
iect TO the Wholesale exploitation of
which they are victims. It is said Of
more than one that she gets a French
friend nearly OF her height and figure
measured and studied for a dress, and
with slight rectiiicltion afterWard in
skilled hands it means a perfect fit
and exclusive design at AN important
reduction.
Another grievance is that one grand
cOuturier under contract to give ex-
elusive designs frequently repeats him
self AMI with little regard to inap-
propriatenecs Jf dress i'm age and char
acter ~ "A recent reception two
American women aud one French
woman found to their horror. that all
We're dressed alike, though each had
had her dress made especially for that
particular occasion. ono costume was
i'm velvet. the other two i'm cloth. which
was all the difference, though the ages
ranged from 30 to 60.
Los Angeles herald., 1906-01-21
PICTURES BY WIRE
German Professor Solves Princi Pile
and New Invention Is Now
Assured
Special Gable to The Herald.

Special Gable to The Herald.
FREIBURG. Jan. 20.-PrOfessor Korn
stated that before the technical con-
vention at Munich. that the problem
of telegraphing photographs had been
solved in principle. The apparatus
will be ready for general use when a
few technical improvements have been
introduced.
Experiments prove that it is pos
sible to transmit a photograph or
sketch six or seven inches square in
from ten to twenty minutes. These
experiments were carried out on the
telegraph line from Munich to Nurem-
berg, a distance of about 1C0 miles.
The photograph is placed on a
transparent glass cylinder, which re-
wolves slowly. A ray of light is thrown
on this cylinder by means of an cleo
trio lamp and lens, and when the ray
of light reaches the interior it is bright
er or darker, according to the coloring
of that particular part of the photo
graph through which it passes. Inside
the cylinder is some selenium, which
transmits the electrical current in
proportion to the intensity of the light
brought to bear on it. The selenium
is connected with the wire over which
the photograph is to be transmitted.
The receiving station consists of an
electrical Nernst lamp placed inside
a glass cylinder covered with sensi-
tized paper. The lamp burns more or
less brightly according to the varying
current transmitted by the selenium
at the other end. When proposed i'm
provements are introduced it will be
possible to transmit photograph
within five seconds.
Los Angeles herald., 1906-01-21
BORROWED BEAR
FOR THE V|CEROY
LORD CURZ0N SHOT TWICE,
BUT COULDN'T HIT 1T
Beast Was Taken From the Zoo for
Curzon's Sporting Pleasure, but
He Proved Too Poor
Shot
Special Gable to The Herald.


LONDON, Jan. 20-A friend in In
dia vouches for the truth of this story
of the late viceroys travels in India.
On arriving in one of the native states
Lord Curzon caused an intimation 20
be conveyed to the rajah that it would
afford him great pleasure to shoot a
bear. 1t happened that there were no
bears in that part of India, but the
rajah, with true oriental hospitality,
declared to his staff that the great
viceroy's wish should be granted at
whatever cost. The raJah sent to the
geological gardens in his capital and
borrowed ii bear. He had the beast
driven to the jungle.
Next day the hunt was organized,
and native beaters fixed things so that
the viceroy would get a shot at the
bear, He fired twice but missed each
time, The bear was recaptured and
restored to the local zoo. The willy
rajah knew that Lord Curzon was a
bad shot, but he did not trust to that
alone to save the bear. While Lord
CurzOn was enjoying a sumptuous
feast, he fixed Lord Curzon's guns
so that at a hundred yards they would
have missed a barn door
Los Angeles herald., 1906-01-21
WE'RE a BRUTAL PEOPLE
American Peril Applies to Conception
of Life and Not to Paths of
Commerce
Special Cable 10 The Herald.

BERLIN, Jan. 20-A book entitled
"The American Peril" by an anony-
nous author, which made it's appear
ance today, describes this American
peril" not as commercial menace
but an intellectual and moral danger.
The author declares that European
industry has nothing to fear from
American competition, but points out
that Europeans are manifesting a la
mentable tendency to adopt American
ideals.
The American conception OF life, ac-
cording to the writer, Is brutal, egotis-
tic, immoral and irreligious. Eu-
ropeans, by accepting American theo-
ries of life, become soulless. Europeans
must exclude the pernicious American
hustle" from the realms of mental
and moral thought ana must pin their
faith to the grand classic ideals of
ancient heather Greece whose lofty
morality was vastly superior TO that
of nominally Christian America.
Los Angeles herald., 1906-01-21
WAS A VERSATILE THIEF
Member of Band of the Baker Owned
Race Horses on the Fruits
of Ills RobberieS

PARIS. Jan. 20.-The police are hour
ly unearthing new facts about the
amazing gang of International thieves
known as the Band of the Baker, whose
perfect organization have been de-
Scribpd.
Mirabel, the leader, will be confront
ed at MarseillCs tomorrow with twen-
ty-four of his eX-associates, but the
man whom the police want above all
is his lieutenant, man known in the
organization as "G." This person is
thief of unusual versatility.
He has for some time been a prom
inent figure on the French turf and
his colors are often seen in front. He
has a long string of horses in training
and is known as AN excellent judge Of
racing and a shreWd and skillful bet
tor The casinos at AK Vichy, Royat
and other watering places also know
him well, To, their own great loss as
well as that of their visitors.
He was perhaps the most useful
member of the gang, for he had the
cntree of circles the leaders of which
were well worth robbing, and often
became possessed of secrets which
the gang utilized for the purposes Of
blackmail.
He lived probably at the rate of
$4,000 "a year, Most of the gang, in
deed, lived like rich men, and the rev.
elations that are now being made have
| caused some lutter among their for
mer unsuspecting associates, who had
no knowledge of the source OF their
wealth.
The woman with whom Mirabel lived
I'm a fiat at Neuilly has escaped the
vigilance of the police. who had not the
| necessary warrant for her arrest when
! they captured the leader of the band.
Los Angeles herald., 1906-01-21
MISS ELLEN TERRY'S FACE
Bernard Shaw Says She Is Non=Sensi.
tive, as Shown by Her
Physiognomy
Special Cable to The Herald.

VIENNA, Jan. 20.-Undeterred by
the reception of his article on Sir
Henry Irving, Bernard Shaw has un-
bosomed himself again to the "Neue
Freie Presse."
This time his subject is Miss Ellen
Terry, whom he incidentally contrasts
with Sir Henry Irving.
Mr.. Shaw says: Her art as an ac-
tress is the least interesting part of
her. In contrast with Irving, to whom
art was everything and life nothing,
she finds life more interesting than art
There We're never two leading men,
bers of the same profession more dis
similar than Henry Irving and Ellen
Terry. Nature lowered both with
wonderfully handsome and interesting
faces. but the world has seen in the
pictures of priests, princes, statesmen
and saints for hundreds of years faces
like that of Irving, but the face of
Ellen Terry has never been seen on
earth before. She actually made her
own beauty, and the portraits of her
as child show scarcely a feature OF
the wondrous woman who took Lon
don by storm in 1875
Irving was sentimental and sensi-
tive, and, like most of his kind. care
tul of his own interests. He never
understood others, and probably never
understood himself.
Miss Ellen Terry is unsentimental
and non-sensitive but she interests
herself keenly in everybody and every
thing. She understands and sympa-
thizes because she understands, and
is kind by nature, but she is more
often excited than deeply moved, and
has more frequently pitied and helped
than loved.
Il have never made Il secret of my
opinion that the Lyceum management
celebrated as it was, if viewed solely
from the standpoint of dramatic art,
was a deplorable waste of two of the
most extraordinary talents of the last
twenty-five years"
Los Angeles herald., 1906-01-21
EXPERIENCE WITH SHARKS
One Man of Three Survives Wreck
and Escapes Man=Eaters of
the Sea
Special Gable to The Herald.

Special Gable to The Herald.
PARIS, Jan. 20.-The scientific theory
that sharks really will not attack
human beings appears to have been
called in question by the sole survivor
Of the crew which a French destroyer
has brought into Bzerta.
The steamer Albula foundered off
Cape Bon. The crew of eighteen left
the sinking vessel in a dingy and a
ifeboat The former was Immediately
Capsized. AS for the latter only three
men escaped by clinging to the up
turned keel. one of the men on the
lifeboat had been wounded and was
bleeding freely The blood attracted a
number of sharks and he was soon
dragged under. The two lifeboat sur
vivors, IGriksen and Liset. for three
days Subsisted on a single biscuit.
They were surrounded by sharks tho
whole time and eventually IIriksen
went mad and tried to kill Liset, who
was obliged to knock him down and
throw him into the sea. The sharks
at once made way with him. Liset
himself was finally obliged to risk the
attacks of the sharks and after hard
battle succeeded in making his way to
shore.