davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-03-07
)I)ENSE

George kunO, a prosperous farmer.
recently sold his personal property
and returned home in Minnesota Mr.
and Mrs. Kuno lost their baby, aged
IA months, in January and the sad
event so preyed upon their minds
that they concluded to move away to
kill trouble. The body of the child
was exhumed and sent to Minnesota.
Mr.. Kuno owns a half section of good
land in this county
Another contest case has been filed
in our midst. This time it is Pete
Senta VS.. William Meizner. Mr.. Meiz-
ner has made some valuable improve
ments on his homestead. The major.
ity OF the people are in sympathy
with the defendant, and hope that
Pete will get it in the neck.
About 40 neighbors and friends of
MI. and Mrs. Kellogg took their
lunch baskets full of good things and
went to their home the 2Sth of March.
where a pleasant time was expert.
enced in dancing until morning. Mr..
Kellogg has been employed by the
G. NJ. & St P. railroad company dur
ing the summer and fall on their new
coast extension line.
A crowd that filled the house Of
Frank Oleson was the happier for an
evening of dancing the 29th. Frank
is a bachelor, but he seems to have
the faculty of knowing how to do
things In the house.
Billie Hanson has recently purchas-
ed five head of cattle to add to his
herd. Billie is another bachelor who
merits the sympathy Of all good maid
ems that desire a home Your scribe
guarantees that he would take no
offense should proposition, neatly
and seriously worded, come to him
from some fair damoselle any time
before the leap year expires
Jennie Kellogg has returned home
from Mandan, where she has been
attending school.
Mr.. and Mrs. William Clark spent
Sunday with Mr.. and Mrs. Charlie
Howe. They report an enjoyable
time.
Mr.. Christ Hansen, our esteemed
postmaster, drove eight miles with
his family to spend last Sunday at the
home of Billie Clark. When they got
there they found no one at home; SO
they called it a pleasant drive. We
are in sore need of telephone wire
in this country.
Our school will close in about a
week. Miss Reade, the teacher, is
drilling the children for an entertain
ment to be given at the conclusion
of the term. She is not only a sue.
cessful teacher, but has the faculty
OF rejecting overtures from old bach
elors without giving offense. We
shall be sorry to have her leave us.
Miss Reade has a quarter section
which she is trying to hold down.
81 ~ ~
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-03-07

To sell Whist you have to offer and
to buy what you need In the best mar.
ket 10 to prosper. This 10 the reas
for the existence Of the advertiser
columns In the Tribune. 81
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-03-07
SUPREME COURT
TWO INTERESTING DECISIONS
HANDED DOWN BY HIGHEST
COURT

ent, VS.. 3. Delafield Smith, appellant.
A complaint in an action by a ven
dee against a vendor to recover dam.
ages for the breach of an executory
contract for the sale Of real property
Is sufficient IL it alleges specific
written agreement whereby the de.
PENDANT promised to sell and the plain.
tiff promised to purchase certain de-
scribed real property upon specified
terms alleged in the complaint and
that within reasonable time there
after (no specific date having been
agreed upon for performance) plain
tiff offered full performance of the
contract on it's part according to its
terms, alleging readiness, ability and
willingness to perform, and that de.
PENDANT at the time of such offer re.
fused and at all times since has re-
fused to perform said contract on his
part.
Assignment of error not argued in
the appellants brief are deemed aban.
doned under rule XIV. of this court,
and hence will not be considered.
By his demurrer to the complaint
therein, one of which facts was his
refusal to perform the contract on his
part upon offer of full performance by
| plaintiff. Such refusal placed defend
ant in default.
An offer of performance in good
faith by plaintiff pursuant to the CON
tract with the present ability and will.
ingness to perform was SUFFICIENT,
without an actual production of the
money and notes called for by the
contract A tender Of the money and
notes as distinguished from a mere
offer to deliver the same was not
required as basis for a cause OF &C.
ton for breach of the contract, es-
pecially in view of defendants un.
/ qualified refusal to perform.
Appeal from the district court Of
Foster county; Hon. E. T. Burke,
judge.
Maddux & Rinker for appellant.
4 T. F. McCue and Turner & Wright
for respondent
Judgment affirmed.
Opinion by Fisk, judge. All CON
cur.
e. A. WadsWorth, appellant, VS. G. r..
Owens, respondent
| The presumption that the owner
Of land is entitled to the crops grown
thereon is a prima facie one only. and
may be overcome by the contract of
the parties in reference to the dispo-
sition to be made of the crop.
In replevin action for grain grown
under contract, providing that the
title to the grain is to remain in the
owner of the land until a division
thereof, the verdict and judgment
should determine the interest OF each
party nthe crop ultimately although
one of the parties is found to be en-.
titled to the present possession
Where party on his cross examin-
alton denies having made admissions
to a witness, material and relevant
to the issues, it is proper to show by
such witness that the party made such
admissions, and It Is error to strike
out the evidence that such admits.
sions were made. s;sY.:i Ts.
Appeal from the district court of
Cavalier county; Hon. w. J. Knee.
shaw, judge. d
Dickson & Johnso for appellant.
Fred e. Smith for respondent
| Judgment reversed.
Opinion by Morgan, G. J. All con
cur.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-03-07
OLD FAVoRiTEs
BY request
.*.:.*@*******s

=. ii b X .
:*****"*@"*":* **s
Lips That Touch Liquor.
You are coming to WOO me, but no
as of yore,
When l fastened to welcome you
ring at the door;
For / trusted that he who stood
with me then
Was the brightest, and truest, ant
noblest of men.
Your lips on my own when the.
printed farewell"
Had never been soiled by the "bever
age of hell
But they come to me now with BAG
chanal sign,
And the lips that touch liquor must
never touch mine.
I think of that night in the garden
When in whispers you told me your
heart was my own;
That your love in the future should
faithfully be
Unshared by another, kept onl fol-
oh, sweet to my soul is the memory
still, s38
nf tho 1ins ,yh3ot ,,,o% ,,,:,,.
they murmured II will
But now to their pressure no more
they incline,
For the lips that touch liquor must
never touch mine.
Q. John, how it crushed me, when
first in your face
Then pen of the Rum Fiend had
written disgrace
And turned me in silence an tears
from that breath,
All poisoned and foul from the chal.
ice of death.
1t scattered the hopes / had treas.
ureQ TO last,
1t darkened the future and clouded
the past,
1t shattered my idol and ruined the
shrine,
For the lips that touch liquor must
never touch mine.
I loved you, oh, dearer than Ian.
guage can tell,
And you saw it, you proved it, you
knew it too well;
But the man of my love was far 9th.
er than he
Who now from the ''tap-room'' comes
reeling to me;
In manhood and honor SO noble and
right
His heart was so true and his genius
so bright
And his soul was unstained, un.
polluted by wine,
But the lips that touch liquor mus,
never touch mine.
You promised reform, but / trusted
In vain;
Your pledge was but made to be
broken again;
And the lover so false to his promises
Will not, as a husband, be true tc
his vow.
The word must be spoken that bids
you depart
Though in silence. with blighted at.
lection, I pine,
Yet the lips that touch liquor must
never touch mine.
II one spark In your bosom OF virtue
remains
Go fan It with prayer till it kindies
again;
Resolved. with God helping" Id
future to be
From wine and its follies, unshackled
and free!
And when you have conquered this
foe of your soul
In manhood and honor beyond his
control
This heart vii again beat respon-
siye to thine,
And the lips free from liquor win be
welcome to mine.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-03-07
USE TRIsUNE WANT COLUMNS

AddItIonaI LoeaI 81 ether paa..
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-03-07

Richter wrote: 1--WE should not let
trines merely plague us-they should
also crafty us. We should seize mo-
their poison bags only. but their honey
bags. too" Liberal advertising at
fords a simple method Of turning
trffes to useful ends-of taking the
sting out OF small events: Of coining
advantages and profit from little bust.
ness annoyancesof seizing the 'shon,
ey bags Of the most trihing trifes
The best cooks in the land cannot
make the best biscuit unless they
have the best materials. That's why
they use Hunts Perfect baking pow
der and extracts.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-03-07

USE TRIBUNE WANT COLUMNS
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1908-05-07
MRS. GUINESS ALIVE.
Woman Ia Believed to Be In
Hiding al Chicago.

laporle, Ind May O. From out Of
the mass OF tangled and sensational
evidence, which indicated that Mira
BELLA Uulnepa was one Of the most
monstrous murdotcrp of the century
and her beautiful and we'll kept farm
mile northeast OF thlu city, a clear
ing house OF assassination and crime,
there has developed the startling
theory that woman did not die IN
the fire which doalroyod her home ON
tho night of April eS and that aho Ia
siill alive aud In hiding, probably at
Chicago rhiu theory Ia strengthened
by the fact that the head oI the body
of woman found IN ruins OF Uuincae
homo after The fire Ia attn missing,
although every effort has hoen made
BY tho authorities tO locate It,, even
golng through the eharred timhcra
piece hy piece. unless The head iH
found the officers viii make a post
mortem examination OF the remains ot
the Huppnaed Mrs, Oulnean ana subject
thom To u careful analysis te learn
whether or not the woman was herself
killed In the fire or substituted the
remalna nl another female victim Tor
herself. aud then set fire to the house
In order to cover up the crime,
The skeleton OF a sixth body was
uucarthcd II h that OF an adult II
was found In a pine box, face down
ward. and had been buried probably
two years,
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1908-05-07

governor II possible and he was ln me
race tu Htny until The last ballot John.
Hon'H bitter attack hcenHed the
friends of Harmon
n was 1880 before the temporary
chairman raped hla snyel for order
Colonel w A Taylor Of Columbus pre-.
sontod the report Of the commit De
permanent organization. mnhlnR the
temporary organization permanent
one
Report committee on resolutions
was pr, 4 hy Chairman ileidrns.
field of Cincinnati, u WAS adopted
unanimously without diaeupalon
The resolutions strongly lndorse
Hon W I bryan ana Instruct the
delegates NJ large to vote for him The
unit rule IN provided for among 9th.
cr provisions
A drrOi vote for United states son.
atorp ON oregon plan favored nitin.
tive and referendum are recommend.
I'd IN The strongest form for state.
county and municipality with major
lty votes east ON question ~ rule l'm
ployers liability child labor and eight
hour laws are ufEtd
No temperance of aniitlompemnee
plank d provided for
A resolution ot sympathy has been
sent oA.presideni Cleveland because of
hlp serious Illness
Harmon Wua nominated for governor
on the second ballot There were four
candidates
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1908-05-07
FINDINGS UPHELD.
Bear Upon the Texas Antl.Pass
Law and Contracts,

Austin May o. The supreme court
affirmed the findings OF tho lower
court Ia tho casa Of the Texas ana
New Orleans railroad against ihe
Wells Fargo ESpreHu company, regard
Ing Tho antl'paas law OF tho last ler
isaiuto. Tho contracts between rail
roads ard express companies for FREQ
transportation We're made prior 10 the
passage Of the antl,pam law, aud Dia.
trlot judge ltitiroll OF Houston and the
Galveston court Of appeals held In
favor OF the express companies. that
Tho antl'paaa law could not interfere
Win existing oonuactn for free trans
noriali0n
The supreme court nayHl Nowhere
IN The statutes Ia the purpose eSprons
Cd 10 Interfere with valid contracts GA
eoulod upon a valuable consideration
before itH paHHagu,"
The court declines a. agroe with
counsel tor railroads that such CON
tracts ran be- legally made IN future
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1908-05-07
HARMON NOMINATED.
Named For Governor and Mr.
Bryan For President.

Columbus, o. May d,-fhe Demo
cratic state convention 10 nominate
n full state ticket aud the hia four
TO represent ohio Democracy a. the
national convention met AZ the
0oodale street auditorium Wednesday
nj 10 O'clock The convention was
called 10 order by Temporary chair
man Moore OF youngstown The defeat
him, and he announced he would carry
the fight against judH0n Harmon 10
the floor of the convention John
sons attack upon Harmon provoked
the latter aud he telephonud Michael
Devanney from Cincinnati that he was
determined 10 win the nomination for
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1908-05-07
COMPANY Musr PAY
supreme Court SO Holds In Lite IN
turanes Case naiore n.

supreme Court 80 Holds In Lite IN
tursnoe Case before a.
Aualin May q The supreme court
answered The certified question In thp
eane Of the Penn Mutual llro maur
hnce company va Loe Manor from
Dallas county Appellee recovered ON
q policy of tb,0ou ON tho NE Of her
husband y n Manor The company
admitted liability OF policy but ro'
fused 10 nay ~ per cent damages aud
reasonable attorneys fDoa au provided
Tor hy law
The question AZ Issue waa whether
The company was required "a nay this
~ per cent damages und reasonable
attorneys feoH The supreme court
held that the company had to nay
damages ana reasonable attorney \
fees
The supreme court dpnuaed nf 1--WE
Injunction auiia which had heop In
slltuied against The attorney general
by railroads "a test the constitutional,
ljy ot The old gross receipts tax law,
The supreme court upheld the law IN
one ease, which ls now pending IN tho
United states supreme court, aud dls,
missed these other five Involving the
same question
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1908-05-07
lmmsnae Coo Reeelnts.

New York May 6 Egg receipts
Tuaeday were rs, lGa eases
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1908-05-07
BARBAROUS BOY,
Culs ThroN,s Of Employer, Wife
and Three Others,

New York May GA elXteonNear.
old boy known only m Carmollon and
employed IN harbcrshop At nrooklyn,
early "Wednesday cut the threats "
hle employer Antonio pcWao, Mira.
reraao and three barhera while they
lay asleep IN reroeop apartments ~
i03 Fulton street The Wounds of ror
aao and wife are believed 60 be NOR
tai, while those of the three BARRIERS
are serious but probably not fatal The
boy escaped.
The police have theory that the hoy
Ia an agent OF the black Hand gang,
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1908-05-07
oueRtt AFFIRMED



Train Service,
Austin, May q The Third court ~
civil appeals affirmed the decree OF the
district court of Travis county IN the
case Of the railroad commission
against the Galveston, Harrisburg and
San Antonio railway Involving tho
order OF the commission TO comply
this road to operate double daily ser.
vice passenger train service over The
Victoria dlviulon When the order
wun Issued by the commission the de.
tondanl company obtained an niunc'
ton ana Il Was made perpetual upon
final hearing The merits of contro'
yorey 40 OF ON pleading, the court ns'
sorting that II public service requires
additional trains the cOmmlHalon may
have the right TO order the anme How.
ever thp question IN not diacusuod
other than TO sny that the commission
IN without authority under the conn
mon law TO enforce such orders hut
a recent statute may glvo it author
ity,
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1908-05-07
eosrLv FlRr Az HOUSTON,
Occurs In Hear, ot Business pls,rlo,
and Loss Considerable,

Houston, May ca destructive fire
broke out at o'clock Wednesday
morning IN the shaw building, corner
Of san Jaointo and Congress streets,
In the heart OF the buslneae district
i.oaaea aggregate $4,000. Tho fire
was under control by o'clock
0ueaa OF Houston hotel ON SECOND
and third stories had q narrow escape,
y, otis Willama jumped from tho third
story tie fell on an awning and broke
foot lie was carried To the nSptist
eanltarium other accidents occurred,
The MendolyltH department. store, ON
the lower floor had the heaviest loss,
Ed, Smiths furniture store also sut'
fered
The department stores loaa Ia Ssh,'
0O0 Ed, G. Smith, $4,000, shaw hulld'
mg, $4,000, Houston hotel $4,000
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1908-05-07
CHARGED WITH MURDER
Former First Lleutenan, Accused of
kllllnu a Pawnbrokeh

Portland. oreo May 6,'-Edward
Hugh Martin, son OF former Werdmen
Hugh Martin OF the New York city po'
lice department, a graduate from West
Point. once tirpt lieutenant IN the
regular army and armor expert at
sandy Hook, was arrested on the
charge OF numbering Nathan Wolf a
pnwnhroker In this city, Friday laat
Martin denlca any knowledge OF the
crime, Against MIA dental IA errayed
a great amount Of eireUmetantiel eyi'
donce
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1908-05-07
nl,,en ~ Ra,,leanake,

palrd, Tex, July c. Charles roXeO
was bitten on n hand by rattlesnaNe
lie may lose the member
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1908-04-08
ELECTRIC LIGHTS
MAY Be REDUCED
TO ONE-FOURTH
Sundry Civil Bill May
Fix Low Price for Pub
lie Buildings.
REPRE- ESENTATI

Sensational reductions IN the price Of
electric lighting in the District OF Co
lumbia Will probably follow the action
Os the House yesterday afternoon in
voting for I5-cent gas for the District
government
1t developed today that the House
Committee on Appropriations is consid-
ering an amendment Tor the sundr-- civil
appropriation bill 10 reduce the price Of
electricity used by the Government de
partments from 10 cents per 1000 kilO-
watts 10 ~ cents
The Secretary Of the Treasury has re
ported that there has been made a
tentative proposal by the Electric Light
Company TO supply all Government and
District buildings at present under con-
tract with US with current at the rates
they are now paying, and 10 take on al
additional buildings At "a cents
The Secretary thinks this indicates
that a rate at least as low ss ~ cents.
and possibly lower, could De obtained
from the company.
II IS therefore highly probable that
the sundry civil bill viii carry a pro-
vision that the 21R-cent rate shall be
maintained for all electric lighting used
BY Government buildings If this IS done
il will be only a question o. time when
the price for electric lighting 10 all con-
sumers IN the District will be some
where near the 212-cent rate.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1908-04-08
TWO BATTLESHIPS
CARRIED IN BILL
REPORTED TODAY
Presidents Wishes for
Greater Navy Only
Partly Regarded.
Nineteen Smaller Boats
Favored in $103, ,976,-
518 Appropriation.

Two monster batueships, each TO cost
100000; ten torpedoboat destIoyers.
each 70 cost SS0O,005; eight submarine
torpedobOats. 10 cost a total OF 50, 500 OO0
and one subsurface torpedoboat, to cost
$500. are the increased weapons of
war carried in the naval appropriation
bill, which was reported to the House
today by the Committee on Naval At
fairs.
The bill makes appropriations that
total $l03, sis. about $3.50, 900 more
tnan was carried in the last similar bill.
Provision is made IN the measure for
the enlistment OF 500 additional men
for vessels shat are either now in com
mission or are about TO be put into com
mission These ships are the Califo--
MIA. Mississippi. Idaho. New Hamp-
shire. South Dakota. North Carolina.
Montana. Chester, Birmingham. and
Salem.
For the pay Of the navy. s27.274.2oI IS
appropriat cd. this being an increase Of
more than Ss,0O0OOy over the amount
carried for tie same purpose in the bill
passed last year. For ordnance and
ordnance stores, the appropriation is
increased S0VtOOO. A great part Of this
increase IS for target practice as the
value Of this drill of the men IL be-
coming more and more appreciated
For drmlng and equipping the naval
mllIla. The appropriation IS boosted TO
$Iuo.vyO, IN order 10 make the naval re-
serve more efficient. While the wishes
OF tne President have not been met in
regard TO the appropriations for battle
ShipS' II can be seen that the committee
has embarked in some measure on the
poncy or charging and keeping to the
highest efficiency the navy Of the
United States.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1908-04-08
SLAIN DIPLOMAT
IS BURIED TODAY
Many Prominent Men At
tend Funeral of D. w.
Stevens.

HonOred in death as he had been
throughout his life by America and
Japan, Durham w. Stevens. the slain
diplomat, was laid TO rest in Oak Hill
Cemetery this afternoon
Funeral services were held in St.
Johns Episcopal Church at 2:SO O'Clock.
The highest dignitaries of both nations
attended and the sanctuary was banked
high with flowers sent by President
Roosevelt, the Emperors Of Japan and
Korea, and Mr.. Stevens host OF friends.
The Rev Roland Cotton Smith, rector
Of St. Johns, ofticiated at the services
which were arranged by Baron Taxa
hlra- At the home Of Mr.. Stevens.
sister, Mrs Joseph L Porter. S225
Eleventh street northwest, private fu-
neral services were held at 2 O'Clock
The Rev DR.. Kelly oficiated.
Those who were named as bonorarv
Eallbearers, and were seated in a re-
served portion OF the church were Sec
Ietary OF State Root. Admiral Frederick
Rodgers, Admiral William S. CowIes
James r. Morse. of New York; Ger.
James H. Wilson, of Wilmington. Del.
Senator john Kean, Theodore r. Bur
ton. John ". Foster; Samuel S. How
land. of New York; Gov. William r
Merrinan, Charles H. Poor, Representa-
tive Nicholas Longworth, and DR.. TAX
hima, president Of the Nippon Club, OF
New York city.
The active pallbearers were Francis. B.
Loring, Gen. Joseph p. Sanger, Wood
bury Blair. Samuel Maddox, DIT. Alex
ander f. Magru6er, Commander Tani-
guchi. Commander Ide, Major Tanaka
Mr.. Nagai, and Mr.. YOshida
The usfers at The church were Gen
Clarence R. Edw4 4rds, Major Charles l.
McCawley, Mr.. Hanihara, and Frederick
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1908-04-08
THE WEATHER REPORT.

The Western disturbance extends in
trough formation this morning from On
tario to Texas. with its principal center
ondary one from western Texas into
the middle Plateau. There were general
rains over the central valleys. the mid
die Atlantic States. and lower Lake re-
giou rains and SHOWS from the upper
Lake region westward into the DakOtas
and also some snow in Wyoming and
eastern Colorado. In the South the
weather is cloudy. while in the far
West II is clear and cool.
Temperature are also low in the
plains states, except Texas. and in the
Missouri and upper Mississippi valleys,
the Lake region, and New England, and
quite high from the Ohio valley east
ward and southward-
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1908-04-08
SLEW EIGHTEEN
OF THEIR CHILDREN,
ANARCHISTS HELD
Cemetery in Cellar of
HouSeand More Graves
in Garden.
Molina and Francesca
Xerrara Nearly Lynch
ed in Seville.

SEVILLE, Spain. April Suspected
OF numbering eighteen Of their own
children. the anarchist. Molina, and
Francesca Xerrara, with whom he lived
for twenty-nine wears, have been ar
rested here on 4 charge Of wholesale
tnfantiCide.
A mob mado a desperate attempt to
lynch the coup'e when they were ar
rested and the police saved their lives
with the grea.es- difficulty
The arrest followed the discovery of
fragments Of lGc skeletons Of several
infants in the house Molina and the
woman occupied a search revealed a
small cemetery in the cellar and other
graves were found in the garden ad-
joining. The police think some Of the
children were even buried alive
The couple have had twenty-five chill
dren in the twenty-nine years Of their
residence together and il is thought
only four of them survive.