davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1907-05-18
A Narrow Escape.

q. w. cloyd. a merchant. ~
PUNK. Mo-. had a narrow escape four
years ago. when he ran a jlmson bur
into his thumb. lie says: "The doc
tor wanted 10 amputate II but ]
would not consent. I bought n box
Of Bucklen's Arniea saive and that
cured tho dangerous wound" 2be
at j. G. Perry's. druggist,
Notice 20 Real Estate Dealers
Daily capital journal. (Salem, Oregon) 1903-1919, 1907-05-18
The Cause of Many
Sudden Deaths.

There Il a disease prevailing In this
country most dangerous because 80 decep.
Daily capital journal. (Salem, Oregon) 1903-1919, 1907-05-18
Great Auto Parade.

Brooklyn, May 1s.-A great auto
mobile parade was given today by
the Long Island club. Five hundred
autos participated In the show. and
a large crowd witnessed the exhibi-
tion.
Daily capital journal. (Salem, Oregon) 1903-1919, 1907-05-18
sHEEPMEN BELIEVE
A COMBINE EXISTS
scheme IL in the Air "a Pool Wool
and Have Representatives Sell
Lots Direct Co FACTORIES.

LOIS Dfeft 10 faftofifHs
That a combine has been formed
among the woolbuyers In Pendleion
Is the belief OF a number OF local
growers and they are also OF the
oplnion that the hock owners should
get together and devise a plan where
by they can frustrate the plans OF
the buyers.
II ls alleged that the buyers have
made u up among themselves that
they will not bid more than a GER
tain price for the neeees when they
are put up on sales days and that
they will 20 arrange the matters a.
10 divide the amounts purchased
about equally amonE themselves.
Daily capital journal. (Salem, Oregon) 1903-1919, 1907-05-18

iive. Many sudden
deaths are caused
by IL heart dis
ease, pueufnonia.
heart failure oT
apoplexy are often
tie result al Kid
ucy disease II
kidney trouble Is
allowedtoadvance
thekidney poison
Ell blood Will at
Daily capital journal. (Salem, Oregon) 1903-1919, 1907-05-18

Between airships and submarines
there Is little left TO explore but the.
north pole.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-05-04
Light, crisp, wholesome
The best food to start the day wifi

a q
g. Irregularities in the certificate
of the trial judge to the Judgment roll
are of no avail to the respondent ins
this court when not raised by MOI
ton before the appeal is submitted
on the merits.
n A. Indefiniteness in a stipulation
under which evidence is received on
the trial jim the district court can not
be taken advantage Of on this appeal
unless based = on some objection or
motion made in the trial court.
(Syllabus by the Court)
Appeal from the District court of
Stutsman county; Hon. C. j. Fisk,
Judge, presiding by request.
S. E. Ellsworth, for appellant.
S. L. Glaspell, Jas. A. Murphy and
G. w. Thorpe, for respondent.
Opinion by Morgan,E J.
Judgment reversed and cause re
manded for further proceedings.
Fisk, j., being disqualified in this
case, Judge Templeton of the LIST Ju-7
dicial district sat by request.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-05-04
AICQlJAIIC
REGATTA DAY AT NAVAL AcADs
ENVY ANNAPOLIS FIRST
& .s. RACE WITH YALE.

Annapolis, Md, May 3.-Tomorrow
may fairly be called Regatta Day" at
the Naval Academy. The first crew
will engage in it's sixth annual race
with Yale, while the navy second
crew will row the second crew of
Georgetown and the third crew will
row the eight of Georgetown prepare
tory school. As the race with Yale
is likely to be the last between the
two, both will try to make the windup
a victory for themselves. Annapolis
has the additional incentive of its
entry at Poughkeepsie and the natur-
al desire not to enter the big intercol-
legiate event with a defeat already
behind it.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-05-04
APPALLING
AcciDENs HAPPENED AT COAL
MINE BY WHICH MEN ARE
KILLED

Johnstown, Pa, May 2. Three men
were killed, six injured. three fatally.
today in an accident in the Ore mine
at Riddlesburg, Bedford county. The
men We're all foreigners. The shirt
ing crew placed a car on which the
men had been unloading ore. on 81
tressle while the other cars were be-
ing placed. When the engine backed
to the main track it struck the car.
which was derailed and fell thirty
feet into the creek below.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-05-04
claimed is waived by going to trial
without specifically attacking the

claimed is waived by going to trial
without specifically attacking the
notice on that ground ~
5. A notice to. quit is not waived
by the failure to commerce an ac-
ton for possession until sixty days
from the time OF giving such notice.
G.. Where the trial court grants
leave to amend complaint and to
file the formal amended complaint at
later time and the trial proceeds ON
the theory that the complaint has
been regularly amended, and no OBJ
jecIion is made to the irregularity I'M
til the case reaches the Supreme
Court on appeal, the irregularity is
waived. - II So.
Z. The fact that verdict is given
for a sum larger than demanded in
the original complaint, cannot be first
raised on appeal.
3. The insuficiency of the evil
dence to sustain the verdict cannot be
raised for the first time on appeal,
and not then until the particulars are
pointed out on new trial proceedings.
3. Objections to the competency
of evidence cannot be raised for the
first time ON appeal.
sg 10. A requested instruction is
properly refused unless it is apple
able to the facts as proven or to some
theory of the evidence given in the
case. ,
IL, An attorney employed to col
lect rent and to serve certain notices
has no power by virtue of such en-
ployment alone to make new contracts
for his principal.
(Syllabus by the Court.) fa@
Appeal from the District court of
Stutsman county; Hon.. c. ]. Fisk,
Judge, presided by request.
s. E. Ellsworth, for appellant; S. L.
Glaspell and Jas. A. Murphy, for re-
spondent. ....>,..
Opinion by Morgan, CD. X,
Judgment affirmed. 49,
h Fisk, j., being disqualified, Judge
Templeton of the LIST Judicial district
sat by request.
Mclean VS.. Nurnberg. Case 1918.
l. Plaintiff recovered judgment in
Justice court for possession of certain
premises and for rent up to specified
period. Defendant appealed from the
Judgment to the district court and
gave an approved supersedeas bond for
stay of execution and said appeal was
pending and undetermined when plain
tiff commenced another action for
possession of the same premises
against the same defendant and for
rent from the time of the recovery
thereof in the former action. Defend
ant pleaded the pending of the former
action in his answer. Held, that the
former action was bar to the second
one.
3. When the second action is
based on substantially the same state
of facts. as the first, the second action
will be dismissed as vexatious.
Z n
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-05-04

cured, that investigation cannot fail
to demonstrate the desirability Of the
investment offered. even to those
charged with the responsibility of
handling trust funds. There is no In
dustry in the world that yields such
splendid profits as mining and If an
Investment is made in a proven mine
in a proven district. there is an abso-
lutte certainty Of large and satisfact-
DRY dividends, continued indefinitely,
always provided the management is
capable and honest
We have all the requisites for
tremendo us dividend payer, viz: The
proven, mine, the capable manage
ment, and a sterling honesty on the
part Of the executive officers that can
not possibly be questioned Actual
mining and milling operations will be
carried on under the direct super
Vision of one Of the best known min.
ing engineers and superintendent in
Montanaa who will report to a board
of directors, the majority Of whom are
experienced mining men. 81
Mr.. Edwin Morris and Mr.. w. F.
Leech, both Of Fargo, are the presid-
ent and treasurer, respectively, Of the
company. These gentlemen are 50
well known throughout the state that
their dentiication with an enterprise
of this kind assures the absolute di-
version Of every dollar of earnings
TOT dividend plrp In addition to-
being the principal officers in the
corporation, Messrs. Leech and Nor
ris are the largest stockholders; in
fact, control the property.
From the showing of values men
toned above, stock in the company.
today is worth $3.50 per share, al
though its par value is only $1.00 per
share. Because the company needs
money to liquidate what is now
small part of the original purchase
price, and also to provide working
capital, q small allotment Of stock
will be offered at 40 cents per share,
and the public is invited to subscribe
thereto. This allotment should be
oversubscribed within the next few.
days. and certainly will be if the
readers Of this advertisement will
consider it from a strictly Legitimate
business standpoint. The element Of
speculation does not. enter, not even
to the extent Of one one-hundredth Of
a part Of the risk involved in agricul-
ture.
There will be some who will ask
why the owners of a property with
such enormous values in sight are
willing to sell stock at 40 cents per
share. To such it is only necessary
to say that If one owned vein of
pure gold fenced in in his backyard,
that 1t would require some capital to
begin taking it out. 38ss
No more magnificent investment
proposition has ever been offered the
public, and the man who hesitates to
purchase this stock at the present
time will certainly regret his indecis-
ion for the rest of his life.
There is a possibility that one or
more Of the local bankers can tell you
q little about the property. At all
events, 1t will do no harm to ask a
few questions.
The capital stock of the company
is $2,5O0,O0o, divided into $500, 900
shares OF the par value Of $1.oo each.
The stock is issued full paid and nom
assessabie.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-05-04
500 ]. 100000 !!

The public is offered an investment
in q proven gold mine, located in the
very center of "a proven gold district.
The district, scarcely more than
two miles square, has produced over
100000, 900, and the mine in which
the investment is offered has pro-
duced something over $4,000, 900.
These figures can be verified by the
government geological reports cover
ing the production Of gold in the
Stemple mining district, located in
Lewis !. & Clark county, Montana,
about rs miles distant from Helena 4
The property Isl one Of the largest
and most desirable in the state of
Montana. It consists Of nine lode.
claims, three placers and three mill
Sites the whole comprising something
of 100 acres. Only three Of the lode.
claims have received and develop
ment, one of them yielding about
100000 in bullion and the other two
about $1,700.O00.
the claim yielding the smaller.
amount, the ore body opened up on
three sides shows values close to 81
900, 900, while in the other two there
is not less than $500 900 In sight In
addition to these values there lis at
least another $1,5OO,Oo0 in the two
large failing dams and the three
placers. Values in the remaining
six lode claims and in the numerous
smaller veins cut By the long cross
cut tunnel are eliminated lin the
above estimates. regardless Of the
fact that these smaller veins carry
the highest grade OF ore, some Of it
running away up in the thousands in
value. "a :s
The property is developed by a
cross cut tunnel ], 100 feet long. AT a.
distance Of 100 feet from its mouth,
and at a depth Of 100 feet under the
surface, two large veins were cut at
their intersection, and levels have.
been driven Of their course both east
and west to a total length Of some
2,400 feet. About 80 per cent OF the
ground between this tunnel level and
the surface has been worked out, and
it was this so per cent that yielded
$1,700,000 in bullion. 1000 feet be-
yond these two veins, and running
parallel Herewith, the tunnel inter
sected at a depth of 4s0 feet, another
very large body Of ore, only about 10
per cent of which has been taken out,
leaving the full 80 per cent in place.
The surface movements on the
property consist of one ofthe best
constructed 6O-stamp quartz mills in
the United States, a 500 ton per day
cyanide mill. numerous dwelling
houses, two blacksmith shops, two
large store buildings, and all the
necessary machinery and tools to en-
able the management to carry on
mining and milling Operations on a
very large scale, or approximately the.
handling Of 800 tons Of material per
day AS the average value Of this
ore IS better than $40 per ton, and as
the average cost OF mining and mill
ing win not exceed $3.50 per ton, It is
manifest that the earning power Of
the property will be very large; and
as the ore bodies are practically in
exhaustible. the stability and pernna-
nency of the enterprise can not be
reasonably questioned.
The proposition is SO strong, its
character 50 stable and verihcation
OF the claims set forth SO easily Sc
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-05-04
Farquhar VS.. Hisham.

sEH i 6tHNtsdi SSs E1iSucitss .
1. An endorsement of promissory
note creates no liability of atself and
the eudorser is not liable on the en-
dorsament until presentment to the
maker and notice to the endorser of
such presentment.
2. A person not party to a prom
issoTy note Who endorses the same
assumes the obligations of an en-
dorser only and not those of guar
anton. v5sTa-y =
5. Findings of fact and conclu-
sions of law considered, and held, not
to sustain the Judgment rendered
thereon. siets
(SyIlabus by the Court.)
Appeal from the District Court of
Grand Forks county; Hon. G. j. Fisk,
Judge ~ IL fs,
Skulason & skulason, for appellant
and plaintiff.
w. J. Mayer, for defendant and ap-
pellant. "a
Opinion by Morgan, c.. j.
Judgment modified and affirmed
with costs in favor of the defendant
and appellant. A.. s.r
Judge Templeton of the LIST Judicial
district sat in this case, Mr.. Justice
Fisk being disqualified.
McLain VS.. Nurnberg, Case No. f417.
1. Where tenant pending an ap-
peal from judgment against him in
Justices court in an action of fore
| ible detainer for the possession OF
real estate and for the recovery of un-
paid rent. surrenders the possession
OF the property, the trial may legally
continue In the District court to de-
termine the issue on the question Of
rent.
2. "A justice of the peace acquires
Jurisdiction to try and determine an
action for forcible detainer under Sec.
S406, r. g. 1905, by the giving Of a no
tice to quit, although such notice is
not fled with the Justice when the
summons is ISSUED Ss
81 An action for the possession
of real estate under the forcible de-
tainer statute may be maintained
when the tenant fails to pay the rent
within three days after 1t falls due.
4 An objection to a notice to
quit leased premises on the alleged
ground that the notice does not allege
| the ground on which the possession is
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-05-04

4 IA public record kept pursuant
ITO Y the law fEof sister state, when
properly proved, is admissible ins evil
dence in the courts of this state as
prima facie proof Of the facts therein
recorded.
2. Although proof Of such foreign
record was enormously rejected by
the trial court, such ruling was with
out prejudice to plaintiff for the rea-
son that even If such record proof
had been received, he would have
failed to substantiate his cause of
action by fair prepond erance Of the
evidence
Appeal from the district court Of
Eddy county; Hon. E. +: Burke,
Judge.
s.. e. Ellsworth, for appellant.
Ball, Watson, & Young, for respond
ent.
Opinion by Fisk, j. ~.
Judgment affirmed.
State Finance Co. vs.. BowdIe. Beck
.s G. Myers. 5
l. An assessment of one tract of
land comprising two smaller tracts
owned by different persons whose
titles are of record is a5nullity.
| 2. Each tract of land owned by diff
ferent parties whose titles are Of re-
cord must be- separately assessed.
8. Where a tract Of land compris-
ed of smaller tracts owned by differ
ent parties whose titles are Of re-
cord is assessed in a body in the name
of one Of the separate owners, only
the assessment is inherently defect
i've and no tender of the taxes justly
due is essential to the maintenance
Of an action to quiet title. III.
4. A deed is not void or champer-
tous under section 1888, R. 6. 1905.
where an attorney for the grantee
examines the records before the deed
lis given and discovers defects in tax
deeds Of record on which title 4 is
claimed. &
5. A clause in quitclaim deed to
the effect that the grantor makes no
Representations as to his title is no;
a disclaimer of title nor does it show
a prior abandonment of the land:
II 6. Sec. 96 Of Chapter 1876, Laws Of
1897, and Sec. 90, Chapter 1872, Laws
of 1890, do not apply to division Of
valuations where no transfer of the
land has been made after assessment
of taxes.
Z. Chapter 166, Laws Of 1908. doe
not apply to jurisdictional defects il
assessments of real property.
(Syllabus by the Court.)
Appeal from the District Court o
Stutsman county; Hon. s.. L. Gtas
pe11, Judge. o.. r
| M. ConkIin, for appellants
| Wicks, Paige & Lamb, for RESPOND
ents. Es s.-@ss.. h. 49,
Opinion by Morgan, c. j.
I Judgment affirmed. r.
Tonopah bonanza. [volume] (Butler City [i.e. Butler], Nev.) 1901-1909, 1907-02-16
Wire
IS DISCONTINUED
KENNETH DONNELLAN COMPANY
LOSES SUIT AND LINE
Is REMOVED.

BY the decision of Judge Breen
Yesterday the restraining order
against the Western Union Telegraph
Company that was obtained some
time ago by the Kenneth Donnellan
Co. was dissolved. For some time
the telegraph company has been at
tempting to remove the private wire
to San Francisco which was leased
by the Donnellan company. The case
was finally taken into court and a
restraining order granted. The order
was temporary in its nature, and yes
terday's decision was based upon the
argument whether it should be made
permanent or not.
]. p. O'Brien has been represent
ing the telegraph people, while /. A,
| Gibbons looked after the brokerage
FIRMS end of the question, AS soon
as Mr.. O'Brien learned that he had
won the case he Immediately notified
the Western Union. Linemen We're
sent and the wire promptly cut. Tht
head office of the telegraph compan.
in San Francisco was at once notified
of the action,
Tonopah bonanza. [volume] (Butler City [i.e. Butler], Nev.) 1901-1909, 1907-02-16
Splendid ORE
FROM GREENWATER
RICH SPECIMENT BROUGHT TO
TONOPAH BY ROBERT
BROGLEMAN.

Mr.. Robert Brogelman, general
manager of the Greenwater Mercan-
tile Company of Greenwater, Cal, is
in town and reports big progress at
Greenwater.
Mr.. Brogelman brought with him
several rich specimens of sulphide
copper ore. The rock came from the
Queen claim No. 2 Of the Green
water and Death Valley Copper Com
pany. 1t was taken at a depth of
about 200 feet. The specimens are
now al the Office of the Nevada
SHELTERS and Mines Corporation. No
assays have as yet been made, but
it is declared by all competent per-
sons who have seen the rock that it
will u high.
Tonopah bonanza. [volume] (Butler City [i.e. Butler], Nev.) 1901-1909, 1907-02-16

lobbyist and | spoke my thoughts.
| told the legislators what | believed
and asked them to stand for fair
treatment from the railroads in this
state. The railroad lobbyists have
resorted to all kinds of trickery to
block any true legislation and in
that they have won the battle, but
they will find that there are many
honest men in the Nevada Legisla-
ture who cannot be bought and who
are above the influence of the great
corporations
District Attorney McCarran of Ton
opah was present at the banquet, and
in speaking Of the affair this morn
ing said: 1T was a disgrace and
the people of Tonopah are justly in
dignant at Dunlap and the manner In
which he arranged affairs. He had
everything done according to a pro-
gram arranged by himself and his
| colleague, the railroad lobbyists, and
by deception had the legislators
gather at the banquet boards to hear
lectures on railroads by railroad men.
Governor Sparks led the bunch of
railroad speakers and In a strong
speech urged the people and especial
Nv the legislators to be fair in their
treatment of the railroads. He de-
clared that railroads were needed in
Nevada and that he did not believe
they were charging exorbitant rates.
He stated that should anti-railroad
laws be passed railroad building in
Nevada might stop and told the legis-
lators to be very careful in drawing
up and passing railroad laws. He
was followed by Key Pittman, who
is a strong supporter Of the railroads
and who, according to many, Is the
leader of the railroad gang lie
was strictly opposed to railroad legis'
lation and warned the legislators not
to attempt to pass any anti-railroad
bills. He was not well received, bat
spoke his little speech and resumed
his seat in order that l.. A. Gibbons
another loyal railroad man, might
tell the legislators how the railroads
have been prosecuted and how these
great corporations should be given
chance to increase their earnings II
, the state at the expense of the PEG
ple.
"R. p. Dunlap, the chief Of TIL
railroad contingent, was toastmastar
and well did he perform his dutie'
I from a railroad point Of view. HI
> took much care to select railroad
, men and would have ended the toast
, with remarks from these representa-
tives of the corporations had h
/ dared, but was at length compelle,
3 to call upon a few loyal men Xix
q Milton Detch of Goldfeld and Speak
er Skaggs of the Nevada Legislature
These men denounced the stan
4 taken by Governor Sparks, Pittmar
Gibbons and the other supporters @
r the great octopus-the railroads"
Tonopah bonanza. [volume] (Butler City [i.e. Butler], Nev.) 1901-1909, 1907-02-16

The Montezuma Development Com
pany, of Goldfeld, in which are in
terested J. A. tombstone, Alden H.
Brown, w. B. Boulter and l.. l..
Bradford, last week completed a deal
whereby it secured five claims of
fine looking copper ground located
north of the Ludwig. These claims
were formerly owned by Ed Gundry,
j.. G. Kaufman and ID. P. Randall.
A company has been organized,
which is to be known as the Blue
bird Copper Mining Company, and
has been Incorporated under the
laws of Arizona for 1000, 600 shares
at the par value of 81 per share.
OF this stock 100000 shares have
been placed in the treasury for work
ing capital.
The ground secured by this COM
pany is in a splendid locality and has
some excellent surface showings, and
the new owners expect to get at de-
velopment work just as Don as
possible; in fact Mr.. Brown is now
in Reno making arrangements fol
lumber and other supplies for this
purpose.-Lyon County Times.