davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-03-13
D. S. COURT ! |. |
OPENED YESTERDAY MORNING
WITH JUDGE AMIDON PREslD-
lNG--coURT DECLARES "a
STATE CATTLE TRAIN SPEED
RATE UNCONSTITUTIONAL AND
w. ..s BUSINESSES CASE

In the United States district court
yesterday an interesting decision was
made by Judge Amidon in the Badger
Parkin Cattle Company case wherein
he decided the state law relating to
the speed to be maintained by cattle
trains was unconstitutional on the
ground that it undertook to regulate
interstate commerce. The cattle COM
pany sued the Northern Pacific rail-
way company for damages sus-
tanned by delay in the speed of a
train of cattle shipped by them from
the western part of the state to Fargo.
the shipment being really made to
Chicago. After, the jury had been ac-
Ecepted Judge N. G. Young, for the rail
way company. objected to the COM
plant on essentially the above grounds
and after argument the court made
the above ruling and dismissed the
case without prejudice after denying
a motion by prosecution to amend the
complaint SO that the points covered
by the delay would be the shipping
point and Minnesota transfer. Biting
& Connolly and F. II. Register, for
prosecution. Ball, Watson & Young,
for defense.
N The case Of Carl Hellinger VS.. Wash
burn Ignite Coal company was dis
missed as the plaintiff was dead. s
The case Of Willford Manufacturing
company vs.. Lantz ct al, was con
tinned
The case OF John Kania, admins
traitor VS.. Northern Pacific Railway
company was next called and was on
trial when court adjourned. This is a
case to collect damages for the death
Of brakeman named KAMA, who was
killed at Darlington last year by the
backing Of his freight train on him,
contributary negligence being charged
y. Al Corey. S. n Ellsworth and John
Knauf appear for plaintiff and Ball
Watson 8 Young for defense,
The balance Of the calendar are
damage cases against the Northern
Pacific Railway company, and VIII
probably take two weeks or more t.
try.
For Fire Insurance, see r. g. Rem
/ ingtnn
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-03-13
New Double Tracks Of steel

All the way from Chicago to Pitts
burg, Philadelphia and New York on
the Pennsylvania Short Line 1t is the
route of the world famed 4Pennsyl-
vania Limited" -the pioneer of real
limited passenger trains
d Passenger and ticket agents of con-
Meeting lines will cheerfully give in
quirers the fullest information regard
ing the exeellent1y equipped through
service of the Pennsylvania System
from Chicago. Address G. L. Thorn
son, T. r. Agt.. 1874 E. 9Th St, st. Paul,
MINI.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-03-13
PEOPLE WHO CONE and GO.

J. II. Brumley is pleasant visitor
in the city from Sims &. s
e. a. Hull is among the arrivals in
the city from Driscoll.
a M. 4. Ayers, the Dickinson editor,
is juror at the u. S. court.
d. o. Newton, the Wishek dentist,
is visiting the city for few days.
w. A. Johnson arrived yesterday
from Valley City on business trip.
E. HI. Case is: in the city on bnsi-
ness transaction in land, from Wishek.
George Thompson Of Wishek is a
business and pleasure. visitor in the
city.
Mr.. and Mrs. j. L. Arnold are In
Minneapolis at the bedside Of a sick
relative.
Miss Mabel Larson is reported to
be doing nicely after an operation for
appendicitis. ..
/ H. B. Curtis. H. w. Lucas. and w
L. Berkey were here representing Val
ley City yesterday.
Jake Schnaid, the Wilton butcher
and cattle dealer, is in the city or
business for a few days. s.
Fred Brost, one of Kulm's popular
imechants is attending the q. s. couri
/ which convened here yesterday.
Editor A. P. Guy returned ! to hi.
1 home in Wishek yesterday, after a few
days business in land matters.
Supt. Burt is in the city as a wit
mess in several cases in U. s. cour
against the N. p. railroad company.
= Mr.. and Mrs. Henry Tatley left las
Ievening for Hunters Springs, on
4 recuperating trip. They will remain
at the springs for several weeks. Il
Representativ Liyy Johnson cam,
fup on the 500 last night and wen
west to the coast for the purpose o
looking after some valuable timbe
land he has out there.
Mrs. Rufus Ullum is critically i'll a
l,her home on North Sixth street, will
neuralgia of the nervous system. at
fecting the heart, which the attending
physician says will require som.
months of care and treatment. f
Hon. W E. Wilhelm of Clancy
Mont, who has been in the city thu
past two days visiting his relative
| the Strauss returned home yesterday
Mr.. Wilhelm is member of tn,
Montana assembly and was grea
! friend of o. s. Golf formerly of thi
city and who he had expected to COM
/ along to this city with him. He say
Mr.. and Mrs. Golf will come here for ;
/ visit in a few days, at which time it il
4 probable they will dispose of thei
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-03-13
Old Junk Store.

As Rozen has opened up the Capital
City Junk shop on Sixth street, cor
Ener Broadway Buys rags, copper
irons brass, lead and zinc. bottles, tin
foil block tin, inner tubes. leads fos
and al kinds Of metal dross Highss,
cash prices paid
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-03-13
GENERAL Agent
/. b. "A UGHEs RESIGNS THE
AGENCY OF THE NORTHERN u
PACIFIC
AT THIS POINT TO BECOME GEN
ERAL AGENT or THE EQUIT-
b ABLE LIFE

In the resignation Of T. D.
!: Hughes, the Northern Pacific !:
!: railroad loses one of the best men :.
!: on the Dakota division, and had it !:
/: not been for the fact that we do !:
!: not want to stand in the way Of !:
|: any Of our men lettering them
|: selves we would have declined to !:
J: let him go. He has been with the J:
]: road In a great many capacities !.
!: for a number Of years and has !:
!: made good wherever put and it !:
!: is little wonder that we dislike to !:
!: lose him All Of the officials Of !:
I: the road will wish him well, how !:
Z: ever, and will rejoice at all times !:
\: to hear Of his success. z !:
That is the kind of send-off Tom
Hughes Immediate superior gave him
yesterday when asked what he had to
say about Mr., Hughes resignation
No man could ask a better indorse
ment. 5s1z5 .5sss.: E55
u II a vote could be taken by the PEG
pie who have had dealings with the
Northern Pacific railroad since Mr.
Hughes came here two and hall
years ago to succeed another very
popular agent who had resigned, he
would get an equally good endorse
Ement. Always acconmod dating ant
pleasant and CHEEKY, Mr.. Hughes ha.
the happy faculty of making and keep
ing friends and as a result all Bis
marck will join In a wish for his success,
in the new field.
Mr. Hughes becomes general o.
state agent Of the Equitable Life AS
surance society. the greatest Of all Thu
life insurance companies, and it is 1
matter Of congratulation that he will
make the state headquarters OF, thu
company here at Bismarck. where hi
will secure and fit up nice offices at al
early date.
The largely increased business o
the N. 2. at this point since Mr.
Hughes took hold assagent is an indi
cation Of what he can and probabl,
will do in the life insurance business
for II ever there was man cut on
for this line Of work 1t is Tom Hughes
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-03-13
Washinaton Personals.

Washington dispatch says: DR..
Henry w. Coe, now a resident OF
Portland, Ore, formerly of Mandan,
N. d., is in Washington enroute home.
DR.. Coe, who, by the way during his
residence in North Dakota was mem
Der of the legislature OF that state
and has been similarly honored In
Oregon, has spent the winter in Flor
ida and made cruise among the
West India islands.
Major J. G. Hamilton of Grand
Forks has left Washington for home.
Major Hamilton will spend a few days
in Cleveland, Ohio, enroute home, yis-
iting relatives.
Ed. LaMoure Of Pembina. N. D., an
employe Of the capitol has left for
home.
OIL Jones of Crosby, one of Sem
ator McCumber's right bowers, start
led for North Dakota Friday
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-03-13

disposition and leaves many mourners
outside the family circle. She was a
member Of the church and the Eastern
Star and possessed attributes which
made and kept friends readily. The
arrangements have not vet been made
for the funeral.
Coming III Nicely Taxes have been
paid at the county treasurer,s Office at
ia rattling rate the past two months
and Mr.. Sperry IS the busiest man who
ever tore off receipts. The following
will show that the above is correct
statement: 9s5
| Total february cole ctions. $106, 465.07
HGity taxes In treasurer's
hands q. J. y. 24,s21 90
City school taxes in treas
urer's hands e,421.oo
Sewer assessment taxes In NJ
treasurers hands 4,144.oo
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-03-13
Horses for Sale.

Thirty-hve head Of three and four
year old geldings for sale, at McKen.
fxie, N. d. w. Fl. Watson,
Mckenzie, N. ID. {
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-03-13
in SUPREME COURT
THE STATE SUPREME COURT HAS
HANDED DOWN THE FOLLOW
ING DECISIONS S

ID
Amelia Tom, plaintiff and appellant,
vs.. Michel Tom, defendant and
respondent u
The supreme court has no jurisdic-
/ ton, while an action for divorce is.
pending and untried In the district
court, to entertain a motion for the
allowance of counsel fees to enable
counsel to prepare and present an APP
peal from an order Of the district.
court, requiring the husband to pro-
vide for the maintenance of the wife,
pending the final determination Of the
action, and for counsel fees in the
main case; and if the supreme court
had jurisdiction, it would be determin-
ling in advance Of the determinati of
such appeal the very questions pend
ing on the appeal, as far as they re-
late to maintenance.
Application for allowance of temper
airy alimony pending appeal from order
granting temporary alimony and coun-
l3seI fees.
8. 3. Ellsworth, for motion.
W. Fredus Baldwin, contra.
] Motion denied .5s
Opinion spalding, ].
o. w. Kerr appellant, VS.. J.. NJ. An.
i derson, respondent. II e
An endorsee of the promissory
note can recover thereon without
showing that he purchased the same
4 in the due course of business, in the
absence of any showing that he did
4 not purchase the same in due course
Al legal presumption exists thai
Il the iendorsee purchased the same il
4 due course Of business and this pre-
q sumption continues unless his title i,
4 shown to be defective through frau,
or other reason.
A Judgment notwithstanding /;
verdict will not be granted in ever.
case where a directed verdict is Ell
roneously denied. It is only whel
there is no reasonable probability tina
the defects in proof or pleading neces
-Issary to sustain the verdict can b
& remedied on another trial that sue
VI Judgment will be ordered
!, Appeal from the district court G
1 Mclean county; Hon. W. n. VIII
!, chester, Judge.
NJ. g. spicer, Turner & Wright, 70
appellant.
George P. Gibson, for respondent.
Order denying motion for new tris
reversed. "
Opinion by Morgan. G. 3.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-03-13

ter Of congratulation that it is under
stood that the first: agent of the Elk
press company will be Robert Walton,
who for SO many years has been the
faithful attache Of this Office. It is
not known just when the appointment
VIII be made but Bismarck will be a
unit In its Endorsement Of Bob" and
everybody will be glad he's glad
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-03-13

Bar Examine CGsov. Burke has APP
pointed NJ. H. Brennan Of Devils Lake,
a membey Of the board Of bar ex-
saminers.
Went Over to March is The hear
ing ii the ii q. Patterson case before
Justice Pierce YESTERDAY was post
poned to the 18th.
open Evenings The Tribune now
!, being a morning paper, the business
office is open evenings for the trans as
action Of such business as patrons Of
the paper may desire to transact
Died Monday Inguoaf Hanson of
Kuhn, who had been receiving treat.
ment at ST. Alexius hospital for some
time, died Monday afternoon. The re-
mains will be shipped to Cakes where
interment will take place Thursday
senling Stock Sold yesterday
afternoon the furnishing goods stock
4 belonging to- the semling estate was
sold to Messrs Nv. ii Breen and Matt
gClooten, they being the highest bid
,ders. 1T is understood the purchase
price was SO cents on the dollar. b
Get Skate On The fun lovers can
have d bushel Of that article If they go
70 the roller rink Thursday night with
their best girl The band will be there
and that means that q large addition
y 10 the amusement Of the evening will
he added.
Remembered the Pastor-Last Fri
day evening Rev Menges and his
.estimable wife were remembe BY
their friends in q pleasant way. IT be
ing their fifteenth wedding anniver-
sary Handsome gifts were presented
the pastor and his wife, refreshments
were served BY the guests and gen
eral good time was enjoyed.
lin Honor OF Mrs. Ausburn Monday
evening Mrs. M. AZ Dillon entertained
d few friends at cards III honor Of Mrs,
Ausburn, who will soon leave the city
for her old home IN Colorado, where
her husband awaits her coming. Re
= -. = q :, = :. s. ~ go
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-03-13

stood that the first agent of the Elk
press company will be Robert Walton,
who for SO many years has been the
faithful attache Of this Office. It is,
not known just when the appointment
will be made but Bismarck will be a
unit In its Endorsement Of Bob and
everybody will be glad he's glad
Petition Rejected When Robert Orr
handed his petition to the city auditor
Monday for filing the auditor refused
to file 1t on the ground that there was
as vet no vacancy for alderman be-
ssyond that created by the expiration Of
Mr.. Slattery's term, the resignation Of
Alderman Patterson not having been
accepted by the council. To be sure
Eof his position the auditor submitted
the matter to the city attorney. who
sustained him in the legality of his
action, SO Mr. orr's election is not
before the people Of the First ward III
Interesting Meeting The meeting
|3of the Commercial club last evening
was one Of the best ever held by the
Organization on account Of the great
interest being manifested in that
organization by the members. A num-
Der of important matters concerning
the welfare of the club were trans
acted and spirit Of new life seemed
infused into the club. Next Tuesday
evening the club viii hold one of its
enjoyable smokers when other mat
tiers Of interest will be on the carpet
for conside
Increased Interest The attendance
at the services yesterday at the Meth
Iodist church was large and more inter
lest was manifested. DR. lagrange
| preached very helpful sermon on
Growth in Grace The afterseryice
last evening was most impressive and
several testified to a deeper work Of
grace In their hearts. AT the after
noon service the DR.. spoke on the
| Pentecostal scene as recorded In the
second chapter Of Acts. Services VIII
be held today at $50 b. ID. and 1870
p. nj. "a cordial invitation Is given to-
all to attend these services.
II i
]s Mrs. Perkins Dead AT o'clock
last night at ST, Alexius hospital Of
peritonitis, Mrs. N. p. Perkins passed
peacefully away after Al brief illness.
She had been ailing for two or three
weeks and finally 1t was decided an
Operation should be performed for APP
pendicitis and accordingly she was
taken to the hospital last Wednesday
and operated upon shortly after. Since
the operation she has been extremely
nervous, but was thought To be doing
4 well SO that the shock TO her relatives
and friends was a severe one. Mrs.
4 Perkins leaves a husband and two
little daughters and a son. aged 10. g
land 6 years, who have the sincere
sympathy Of a large circle OF friends
In this city and elsewhere III the
state, where Mr. and Mrs. Perkins
4 were well known. Mrs, Perkins was
4 born In Washington, Pa. 3S years ago
ia ,ye, q, ", d ~, ~ ~, Il COZ Al !, ~.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-03-13

interest in the Dakota block, they haV-
ing received a very good offer for it,
from the other part owner.
The Pythian Sisters Will give a
FIRE social and dance at their hall
Thursday evening. As charge Of rs
cents will be made for refreshments.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-03-13
iii u CITY
THE WEATHER.

= Probably snow and partly~'
= cloudy on Wednesday stationary :
= temperature. Maximum "a min :
= imum 10.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-03-13

Open Evenings The Tribune now,
being morning paper the business
office IS open evenings for the trans -s
action Of such business as patrons Of
/ the paper may desire to transact.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-03-13

Went Over to March is The hear.
ing ii the q. q Patterson case before
Justice Pierce yesterday was post
poned to the 18th.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-03-13

For Fire Insurance. see r. g. Rem
ington.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-03-13

Bar Examine sov. Burke has APP
pointed NJ. H. Brennan Of Devils Lake,
a membey Of the board OF bar ex-
saminers.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-03-13

Died Monday Inguoaf Hanson of
Kuhn, who had been receiving treat.
ment at ST. Alexius hospital for some
time, died Monday afternoon. The re-
( mains will be shipped to Cakes where
sinterment will take place Thursday.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-03-13

sennling Stock Sold yesterday
afternoon the furnishing goods stock
belonging to the semling estate was.
sold to Messrs W. II Breen and Matt
SgClooten, they being the highest bid
.ders. It is understood the purchase
price was SO cents on the dollar.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-03-13

ss GET Skate On The fun lovers can
have d bushel Of that article Il they 60
70 the roller rink Thursday night with
their best girl The band will be there
and that means that q large addition
i TO the amusement Of the evening will
he added.
The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1907-04-10

mated solely by the desire to commit
robbery, but there is room for the
suspicion that they are moved by the
spirit OF malicious hatred toward GER
tain persons frequently travelling over
tho lines. At all events, it would be
well for the detectives engaged in pur-
suit OF the wretches to make a study
or tho passenger lists so far as they
can be obtained, of the four trains
which have been deliberately derailed
within the past two weeks and to as
certain whether or not any persons
likely to have excited the emnity of
the lawless gentry were included in
each list The fact that the first three
derailments occurred on the division
OF the road east of Pittsburg and the
fourth on the line between Pittsburg
and Cleveland shows. at least, that
there is a section of particular trains
and that the wreckers shift their ter
ritory widely-things less likely to be
looked for from mere robbers than from
persons filled with murderOus spirit.
But, whatever the motive of these
creatures, their crime is the same in
any case-that of attempted murder of
innocent and helpless people. For
though in the four wrecks but two or
three lives have been lost the two or
three have damned them. That the af-
fairs have not resulted in greater dis
aster is almost miraculous. Such good
luck can hardly continue, and if the
perpetrators OF the crime are not cap
tured soon the next attempt may
cause a horrible calamity. 1t is not
surprising to hear that engineers and
train crews on those eastern lines are
losing their nerve.
President McCrea and the officers of
the road are doing everything in their
power to capture the wreckers, and
will undoubtedly succeed. They should
have the help Of all citizens of the re-
gion who may have opportunity to
observe suspicious characters. No
punishment can be too severe for men
who can commit a crime of this char
acter. They are so inhuman as to be
in class by themselves, the ordinary
murderer being virtuous in compari-
son. They undertake wholesale muir
der and are guilty in like degree
whether their plans succeed or not
Indianapolis Star.
The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1907-04-10
WRITINGS PARK PROBLEM
ONCE MORE REVIVED.
Council Instructs City Attorney to Re-
port on Status of Litigation for
Possession of Lake Front Park.

The Whiting park problem is still
up in the air and apparently as far
from being solved as ever. There are
some of the people who are tired of
the fight with the Lake Shore rail-
road for the possession of Lake Front
park and who are ready to say
enough" and look elsewhere for a site
There are others of the citizens of
Whiting, however, who believe that the
city already has the railroad beaten in
the legal fight that has been waged
for the past four or five years and who
think that it would be the heighth of
folly to surrender at this stage of the
game.
Last night the city council met for
the purpose of deciding what should be
done and instead of declaring it was
agreed that Attorney Greenwald should
report on the status of the litigation
with the railroad and advise the mem
bers of the council as to the probable
ity OF securing a favorable decision for
the city.
The railroad company has already
offered to build a viaduct over the
tracks to make the park more ac-
cessible and there are a great many
citizens who would accept this propo-
sition if they had their way about it.
The people of Whiting have determ-
ined to have park and have 1t roght
away so action of some kind may be
expected in the near future.
The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1907-04-10
CHICAGO LETTER.

Chicago, April 10.-WHEAT-The
trade was in a waiting mood until
after the issuance of the government
crop report which gives the condition
of winter wheat up to and including
April 1st. Early prices were inclined
to strength with the larger profession
ais inclined to the bull side of the
market on account of the continuance
of the bug stories. After the govern
ment figures were received, which
gave the condition as 9e.9, prices began
to soar and shorts started to cover.
This was construed as rather bullish
in view of the fact that the largest
portion of the damage has been done
since the report was compiled. The
market scored an advance of over a
cent a bushel. closing strong within
a fraction of the highest prices of the
day.
CORN-Remained dull until near the
close of the session when the extreme
strength in wheat caused sympa-
thetic buying wave in this cereal which
brought about an advance of about
five-eighths of q cent for all OF the &C
tive futures. There Is reported a good
demand for kiln dried corn; corn in
the sample market ruled about half
cent higher than yesterdays prices.
Sales to the seaboard close to 100000
The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1907-04-10
A Mismanaged Case.

The country is just awakening to
realization of the awful mess which
Jerome has made of the Thaw case,
and 1t certainly is not calculated to
elevate that famous official in public
esteem. 1t is now patent that there
is to be a shameful miscarriage of JUS
tice. A millionaire, who committed
dastardly murder, is to walk forth a
free man, not so much because of the
astute generalship Of his high priced
lawyers as because Of the erratic,
wavering and altogether inexplicable
conduct Of the prosecution. Mr.. Je-
rome may have many Of the elements
Of greatness, but he is certainly no
trial master nor yet a competent judge
of human nature. If he had been en-
ployed by the defense he could not
have managed the states case more
miserably. The poorest sort of a
prosecutor might have worried along
and secured disagreement by the jury,
but Jerome, by his absurd demand for
a lunacy commission, eliminated even
this possibility. Harry X. Thaw will
be acquitted as sure as his case goes
to the jury and the verdict, warranted
perhaps, under the circumstances, will
nevertheless involve a shocking failure
to visit punishment upon a guilty man.
Fort Wayne News.