davidaulloa/AmericanStories huggingface dataset:
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1907-11-23
ADVERTISING PAYS,
Work in That Line Done by the Chamber
Of Commerce Noticed.


That the work in the advertising line
done hy the Chamber Of Commerce Is
being noticed, Is shown by the comment
ON a leading Massachusetts, paper vis'
the Sprmaeld Republican, In It's iinan'
cial column OF November II Il has this
10 say;
~Thc Chamber OF Commerce of An,
'loria, ore,, Is using the classified adver'
tising columns of the leading papers
h the eastern states, Canada and Eu'
rope to make known the attractive fields
for workingmen. tourists and investors
IN the region surrounding the mouth Of
the Columbia River, II is stated that
experiments in this direction on a small
scale have been so productive Of results
that the Chamber is now engaged in an
extensive campaign Of worldwide extent
ON the same lines. The Massachusetts
papers that are in the list used by the
Astoria Chamber Of Commerce are tht
Republican and the Boston Herald"
Manager whyte has written to thu
renowned editor, saying;
"your remarks are quite justified. as
according to our belief, while God eoul'
have made prcttier place than Astoria
he did not, as the little book Of photo
engravures sent under separate cover
will partially illustrate. And Horac'
Greeley expressed our sentiments con
cerning the young man and the west.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1907-11-23
PROHIBITION GOES.

MONTGOMERY. Ala. Nov as.--Aiter
voting dcciaIycly against the considera'
tion Of the Carmichael Prohibition Club
bill the senate this afternoon retraced
ia atcps and practically unanimously
passed the Bill. The bin as amended
provides that clubs In existence prior to
100, do not come under the provisions Of
the act and Il Is also provided that In.
dIyldual club members cannot DO held
liable Tor violations of the act, as was
set forth ii the original bill,
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1907-11-23
MINE ON FIRE.
Shattuck Copper Mine in Arizona Burn
ing-Damage is Already $4,000.

ELL PASO, Texas, Nov. 22.-The
origin Of smoke and gas issuing from
mines Of the Calumet and Arizona and
Copper Quee holdings in Bisbee, Ari-
zona, has been discovered. Flames have
burst from the mouth Of the main
shaft OF the Shattuck Arizona Mine. The
damage has already reached $4,000 and
the fire has not been checked.
All the openings Of the shafts have
been bulkheaded and desperate efforts
are being made to control the blaze. The
flow OF gas and smoke makes it practi-
caIIy impossible to do anything to help
put out the fires.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1907-11-23
LAWYERS wRANGLING.
Defense Makes Many Objections in the
Walsh Case and Trial is Delayed.

CHICAGO, Nov. 22.-Constant wrang-
ling between the attorneys in the Walsh
case caused for most part by the num-
erous objections. by defense, to testi-
mony OF F. W. Mclean, former cashier
of the Chicago National Bank, delayed
progress today. Mclean took the stand
to identify memorandums which he as
serted he made out and signed under
various names, later discounting these
instruments on orders from Walsh. So
vigorous however were the objections Of
defense to this line of testimony that
the cashier had not finished his story
when adjournment until Monday took
place.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1907-11-23
MONEY TALKS.

Conference Between Roosevelt and Noted
Financiers at the White House.
WASHINGTON, Nov. circumference
is in progress at the White House to-
night, between the president. J. P. Nor
gan, George F. Baker, president OF the
First National Bank Of New York and
Assistant Secretary Bacon. Although
the nature OF the conference has not
been divulged, it is believed to be in
relation to the financial situation.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1907-11-23
MARINE INQUIRY.
Pilot Of Tartar Charged With Disregard
iny the Signals Blown Him.

VICTORIA. b. CIR Nov. 2s.--ln the
marine inquiry concerning tho collision
between the steamers Charmer and Tar
tar. charges were made today against
Captain Jones, pilot OF the Tartar that
he dlsrcgarded the starboard signals
blown BY the charmer and endeayorel
to force her 70 come to the inside BY
going to port thus causing the col
lision.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1907-11-23
He Fought at Csttysburg.

David Parker, Of Fayetts. n Y. who
lost foot At Gettysburg. writes, Elsc.
trio Bittsrs have lons me more good
than any medicine ever took. For
several years had stomach trouble.
and paid out much money for medicine
Ito little purpose, until I began taking
Electric Bittera would not take 900
for what they have done for me-" Grand
tonic for the aged and for female weak.
neases. Great alternative and body
builder, best Of all for lame back and
weak ki.ineya Guaranteed by charlss
Rogers & Son. druggists. 30 eents.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1907-11-23
JAS. PHILLIPS DEAD.
Died Suddenly in Portland Yesterday
and Foul PLAY is Suspected.

PORTLAND, Nov. p. James II.
Phillips, formerly captain Of police Of
Astoria, who conducted the resort known
as the Paris House until it was closed
by the police several months ago, was
found dead in his bed at II o'clock this
morning. It is learned that Dr. Cordiner
had been treating Phillips for some time
past for heart trouble, which, however
was not believed to be serious. The
manner Of his death was created the
ground for suspicion that death may
have been due to drug, and the coro
ner will have the stomach given chemi
cal analysis.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1907-11-23
When You Travel.

It costs no more to take advantages
Of the fast time ami superior service OF
the o. R. / N. and connections than Il
does to travel on inferior lines.
Tickets to all principal points In the
United States. Canada and Europe on
sale at the 0. r. q N. dock. @. w.
Roberts. agent.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1907-11-23
A Significant Prayer.

aMay the Lord help you make Buck
lens Arnica Salve known to ALL" writes
]. G. jenkins, Of Chapel Hill. N. G. It
quickly took the pain out Of felon
for me aud cured IL in wonderfully
short time" Best on earth for sores.
burns and wounds. rs cents at Chas.
Rogers & Sons Drug Store.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1907-11-23

Mothers with little children need no
longer fear Group, colds or whooping
cough. Bees Laxative Cough Syrup
tastes good. It works of the cold
through the bowels, clears the head.
Guaranteed. Sold by Frank Harts Drug
Store.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1907-11-23
Appendicitis

rs due in large measure to abuse Of
the bowels, by employing drastic pur.
gatives. To avoid all danger. use only
DR.. Kings New Life Pills, the safe, gen
tie cleansers ami invigorators Guaran-
teed for headache, biliousness, malaria
and jaunafce. at Charles Rogers & Sons
Drug Store. rs cents
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1907-11-23

Rings Dyspepsia Tablets do thc work.
Stomach trouble, dyspepsia. indigestion.
bloatins. ste, yield quickly. Two days
treatment fme. Ask your druggist Tor
a free trial. Sold by Frank HArt's
Drug Store.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1907-11-23
WILL DISSOLVE AGREEMENT.

CHICAGO, Nov 22.-0fiicials of the
western railroads at a conference here
Yesterday, decided to dissolve the west.
ern passenger agreement after January
| and to disband the western passenger
committee.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1907-11-23
FIGHT Ar OGDEN A DRAW.

OGDEN. Nov. %, Tho contest tonight
between "ioor' unholr, OF South Africa,
and Pete Sullivan, Of Salt Lake, went
The 20 rounds and was declared draw.
The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1907-11-23

Have you ordered the Morning Astor'
ian delivered at your door'
The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1907-04-13

the will above quoted. This property
consis ed of a farm of 1882 acres
situated in Lafayette County. 1t had
been the home Of the testator and his
wife for a number of years preceding
his death and for about two years
before that event their son, Glover,
hid lived on the place and assisted
his father who was in poor health in
farming II. Soon af ler her appoint
ment the %eXecutrix rented the farm to
Glover for one year at a rental of
S520.SO, which was at the rate of $500
per acre 1t is claimed by the
Directors that $3.50 per acre was the
fair rental value of the place and
their first ground of objection relates
to this it-m.
On November 18th, 1903, the
executrix sold and conveyed the farm
to Glover for $4,000 per acre, amount
ing to SS,68l.0 90 for the whole farm
Directors contend that $4,000 per
acre was the reasonable market value
OF the farm at that time and their
second objection has for it's object
the holding of the ~executrix to
account for the land at that value.
Shortly before his death, decedent.
realizing that he was justly indebted
to his son, Glover, for services on the
farm, delivered to him, duly signed,
the following written promise:
Lafayette Co Mo-, January u, 1903.
Iprom Sc to pay my son, c. G.
Branch tGloyerl a fair compensation
for services rendered me upon the
farm time commencing June 18th
1901"
1t appears that Glover presented
demand against the estate foI
$780, 90 for these services and that al
of the heirs, including the directors
consented to the allowance of tina.
sum, but the directors say thei
consent was obtained by the promis,
of the e%xecutrix to charge nothin,
} for her services and, as she CHARGE,
and was allowed the compensation
! provided by law, they are justified i
: Directing to the amount of Glover
demaud. They assert that tn
l reasonable value of his service,
which covered a period of about
! year and three-quarters, was S250.O
per year, and therefore that tn
! allowance overpays him to the exten
! of $3.50, with which amount they as
! that the %executrix be charged. J
First, we will consider the sec&r
2 objection. On the issues invokv,
therein, the court at the instance
$ the directors gave the folldwir
declaration of law:
Z "The court declares that under :,
evidence the exceptors are Jentitl,
The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1907-04-13

to have the %executrix charged with
the difference between the price for
which she sold the lands of the
deceased and whatever greater value
the court may believe from the
evidence the land would have sold for
or was reasonably worth at the time
of the sale"
In view of this declaration, the
finding of the court in favor of the
~executrix on this objection was a find
ing of the fact, that under the
evidence the land had been sold a its
Reasonable value and at the highest
price obtainable. This is conceded
by the DIRECTORS, but the rule is
invoked chat the trial of objections
to items of final settlement of
administrators must be had without
the Intervention of a jury and that
in reviewing such causes, the rules
applicable to appeals in equitable ac-
tions will govern" Finley VS.. Sch
%lueter, 81 Mo. App ass; In re Meek
er's Estate, As Mo App, 1856; In re
fuckers Estate, IA Mo, App, 33l;
In re Schooler's Estate, 70 Mo. App,
3Ol; Clark VS.. Bethlehem, IA Mo
25S.
And we are besought to make our
own finding of fact from the evidence
in the record before us as should be
done in an equitable action. Counsel
for respondent in his presentation OF
the issue takes appellants on their
own ground and, as our conclusion
comedies with that of the learned
trial Judge, we will consider the fact,
in evidence from the chosen stand
point of the parties themselves
Thus approaching them, we are
impressed that the great weight Of
the evidence tends to show that tbs
~executrix sold the land at its reason
able market value, Witnesses for
the directors estimated the Value o.
the farm at from $1,000 to $1,000 pc.
acre at that time, bur it was show
that the farm was/cut up somewha.
by ravines and contained from fifteer
to twenty waste acres, also that tn
improvements were of a quit,
inferior Character. 1t is fair to sa.
that the witnesses for the Director
as a rule disclosed on cross
Z examination that they had not mad
VA sufficient allowance for thes
deficiencies, nor did they appear t
be so familiar with the physics
d characteristics Of the place or wit
d land values in that immediate vicinit
as were the witnesses for Il
executrix. We do not deem
important to detail the evidence al
will content ourselves with the for
d going statement of the result reach,
The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1907-04-13
DECISION IN THE BRANCH WILL CASE.
No. 1908.
NO. iOUO.
ln the Kansas City Court Of Appeals.
OCTOBER TERN, 1906.

OCTOBER TERN, 1906.
In the matter of the Final Sc Element
OF the Estate of Henry C. Branch,
deceased.
Emily w. Branch, Exc utrix and
Respondent.
Susan M Howe and Acquilina p.
Tucker, Directors and Appe lants,
APPEAL FROM LAFAYETTE CIRCUIT
COURT.
This proceeding originated in the
Probate Court of Laf yette County
on objections fled by two of the Leirs
of Henry c Branch, deceased, to the
final settlement made By the
executrix of the estate. The thr,e
objections with which we now are
c ncerned were found against
directors in the probate court and a
similar conclusion was reached in the
circuit court, to which the directors
appealed. Judgment was entered
approving the settlement and taxing
the costs of the proceeding in the
circuit court against the directors.
From this judgment the present
appeal is prosecuted.
Henry G. Branch died testate at
his home in Lafayette County on
March l4th, 1908, leaving a widow
and ten children, all of whom were OF
legal age at the time of his death.
Some of the children, including the
two DIRECTORS, were the fruit of Z
former marriage of the ~decedent, the
others were offspring of his unior
with the wife who survived him, the
present ~executriX.
In his last will, which was dull,
probated, the t~estator bequeated al
fhis personal property after tn,
payment of his debts therefrom I,
iiswife and directed the executri,
TO sell all of my real estate as 500
as the same can be done withou
sacrifice and after paying to my salt
wife the sun Of twenty-five hundreI
dollars to divide the residue Of tn.
proceeds of such sale between m
children" Shortly after his death
his widow, who was nominate
executrix in the will, was granite.
letters tesla entary and ~proceede
with the administration of the estate
The personal estate proved to be NOR
than sufficient to pay the debts of tn
estate and the contests before u
relates to the manner in which tn
e~xecutrix handled and disposed of tn
real property under the provision q
The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1907-04-13
from its analysis.

from its analysis.
But counsel for the directors argue
the executrix did not obtain the
highest price for which the land
could have been sold; that she not
only made no effort to find purchasers,
but discouraged those who approach
ed her on the subject of purchasing
the land by telling tn m that it was
not for sale, all with the end in view
of making a sale to her son, Glover,
at the lowest market price.
We agree with counsel that the di-
r%ection in the viii to the executrix to
sell the land ''as soon as the same
can be done without sacrifice" OBJ
viously refers to the time when the
land could be sold and in nowise les.
sended the measure of her duty when
she decided to offer it for sale to en-
ploy the degree of diligence that
would have characterized the conduct
OF a reasonably prudent person in the
management of his own affairs. Hill
VS., Evan, ia Mo, App. IT'S, Merritt
VS.. Merritt, 81 Mo-. 100, Booker VS..
Armstrong, so Mo, 40; Powell VS.. Hurt,
lOS Mo, l. C., 5l3; Hayes VS.. Fry, 1lC
Mo. App. l, c. %.
The absolute direction to sell is tc
be regarded as converting the devise
of land into one of money. Nothing
is better established than this prin.
ciple that money directed to be EN-.
ployed in the purchase of land anC
landdirected to be sold and turned in
to money are to be considered a,
that species Of property into which
they are directed to be converted.
And it may be stated as a fixed rul,
that under a direction of this charac
ter the executor does not become
mere trustee of the moneys received
by him from the sale of the lands, bu.
takes them IN ms capacity of eXecu
tor. Johnson VS.. johnson, ~ Mo
App 1856; Francisco VS.. Wingteld
l6l Mo-, 542; Baldwin VS.. Dalton, l6
Mo, 20; In re Corrington, 124 Ill.
1863.
Conceding that these strict rule
should be used in measuring the con
duct of the executrix, we do not fin
that she has fallen short in the per
Torrance of duty. 1t was quite nat
ural and not at all censurable tina
she should desire her son, who ha
, been his fathers mainstay durin
| his last days, to have the home plac
! instead of a stranger. Such prefei
ence, If she did not permit it to wor
: an injury to the other heirs, coul
not be regarded rightly in any othe
! light than praiseworthy aud, If Sd
determined on letting her son hay
= the farm at the highest price she ha
The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1907-04-13

reason to think could be obtained for
1t, she should not De pronounced dere-
lict for not seeking other buyers.
Many reasonably prudent persons sell
lands without trying to obtain other
bids when satisfied that the offer
made represents full value. Some
think that to place land on the mar.
ket conveys the impression that it
must be sold and thereby tends to de-
preciate its selling value. So that
advantages and disadvantages of one
method over another is largely a mat
ter of individual judgment in the
exercise of which reasonably prudent
pc sons differ. We do not feel iusti.
fed in saying that the executrix wa,
negligent because she did not pursue
the method the directors think might
have produced better results. Nor
do we attach any weight to the evid.
denee which they claim tends to show
that a better price could have been
obtained.
A real estate agent had a customer
for another farm and approached the
owner with an offer. The owner ask.
ed, where would l go?," to which
the agent replied, "You buy the
Branch place for $50. 0O.r That wa,
all of the conversation and the ne.
gotiations terminated with it. After
this the agent of his own motion tool
another person, to whom he was try
ing to make a sale, to the Branch
farm and asked him, "What do vo,
think about this placer" To the bes.
of the agents recollection, the mar
said he would give $500 for It
When they returned to town, he,
CHANGED to encounter Mrs. Branch
The agent accosted her with the In
quiry, "Mrs. Branch, what is the leas.
money that will buy chat farm?n. an,
she answered, SIT is not for sale
The agent admitted on c-ross-examin
alton he had heard that the farm ha,
been sold to Glover at the time il
question, and from his other testi
mony it is evident that the sale ha,
been contaminated.
After the sale, one of the object
ors, accompanied by her husband
went to see the e%xecutrix and in tn,
conversation that ensued the husban,
said, 81 am like my wife, | think vo,
are selling it too cheap If you sell
for $4,000 ! will give you S52. so an.
l know of another man that will civ.
you more The reply was to I'll.
EFFECT that the farm had been sol
and the executrix 'did not want :,
sell it twice."
1t will be noticed that neither .
these offers was made at a tim
when Mrs. Branch felt that she wa
The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1907-04-13

IN a position to consider them and.
being made with knowledge of the
situation on the part of the offerers.
their good faith well may be doubted.
That the real estate agent should 90
to the trouble and expense of driving
out on what he describes to be very
cold day to show a prospective Gus
toner a farm h had reason TO believe
had just beeu sold and which he had
not been employed to sell smacks
strongly of an act inspired bv those
who thought they had an in crest to
serve IN embarrassing the ext cutrix
and, when this was follows by the
visit OF one the obi -etors above noted
the assertion made by her husband
that he would give 3d. 80 for the
place and | know of another man
that will give you moren plainly
enough indicates the character Of
the fabric that was woven to ensnare
the eXecutr X. We are satisfied that
the eXecutriX, who acted ALWAYS on
on the advice her counsel. whose
ability and integrity cannot be and
are not questioned, acquitted herself
in a ann beftting her duty and
that she sold the land for the best
price obtainable.
Equally as untenable is the first oh
lection. The great weight of the ev-
idence shows that $500 per acre was
the full rental value of the land for
one year. The offer of a larger rental
made a month or more af er the land
had been rented by the same Director
who offered to buy the land at S52. so
afterit had been sold, carries no other
weight than to deepen our conviction
that the directors from the first were
actuated by a purpose to harass the
executrix in the discharge of her
duty.
The third objection has even less to
commend it than the others Not
only does the evidence fully sustain
the reasonableness of the charm.r
made by Glover for his services. ~
the DIRECTORS themselves stood bv
a~cquiesced in the allowance of
demand as a Judgment agatnst{
estate. Even should we think. all
do not, that the judgment is exa
i've, in the small amount claimef
PNAhiAS IhN ObJGOlOAo3 IN the TN
assigned, tohave the excess ch4S
against the executrix would be MI
i~ndefensible under the evidence ~
us. Wetind as afact that the a
trix did not agree to waive her
pensation and this is all that
be said on the subject.
The judgment is affirmed.
All concur.
J. NJ. JOHNSON
STATE OF MIssouRr-Sor.
!, L. +. Mccoy, clerk of the Kank
City Court Of Appeals, do hereby cerk
fy that the foregoing is a true COPY o..
the opinion of said Court. delivered
in the foregoing entitled cause on
March 4, 1907, as fully as the same an
pears on file in my Office.
In Testimony Whereof. / have
%hereunto set my hand and affixed the
seal of said Kansas City Court of An
peals. Done at office in Kansas Citv.
state aforesaid, March 4, 1907.
L. F. Mccoy.
Auy't1 Clerk.
The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1907-04-13

soraav here with MIS- wlls,
s sauaas her her mother, Mrs Margaret
Wells.
The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1907-04-13

But Hart Schaffner &
Marx get something into
their clothes that Others
miss; something we can't
describe, but you want it.
Its here for you; and these
clothes are the only way
to get it.
The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1907-04-13

We don't know lust
why other makers can't
make clothes as good as
these, there's no monopoly
of all-wool fabrics, good
tailoring, correct styles.
The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1907-04-13

That's about the way It
is with our Hart Schaf.
ner & Marx clothes. They
are not only the leading
line of fine garments for
men in this locality, but
they are ahead of every.
thing all over the country.
The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1907-04-13

and seei sofa oy
drug store.
The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1907-04-13

Our line Of HATS and
furnishings contain that
same degree Of perfection
that you find in our
Clothing The Best on the
Market.