davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune., 1908-11-21

real property in controversy under a
certain quit claim deed claimed to
have been executed and delivered
by one Frank E. Young, who. con-
cededIy, was the owner. The origi-
ral deed, as we'll as all correspon-
dence relating to the transaction, is
claimed to have been lost or destroy
ed and plaintiffs sole proof of the
execution and delivery Of such quit
claim deed consisted of Exhibit A,
being a transcript of a record in the
office of the register of deeds, pur-
porting to be the record of a quit
claim deed executed by one Frank
E. Young to him.
Held: That the introduction of
such exhibit merely proved pr1ma
facie case for plaintiff, the presump-
tion of law being that the original
of which Exhibit A is a copy. is the
genuine deed of Frank e. Young,
but, Held, further. That such prima
facie case is completely overthrown
and disproved by the other evidence
in the other record which clearly
sn ows that the Frank E. Young who
owned the property did not execute
a quitclaim deed.
(Syllabus by the court.). J..
Appeal from district court OF Bur-
leigh county, W. H. Winchester, J..
Reversed, and the action dismiss
| cd.
F. H. Register and Newton & Dull
lam, for appellant.
| r. n. Stevens and A. j. Hedrix, for
respondent.
Opinion by Fisk, j., Morgan, G. J.
concurs.
spalding, J., dissents.
Bismarck daily tribune., 1908-11-21
BETTER Than SPANKING

Spanking does not cure children
of bed wetting. There is a constitu.
tional cause for this trouble. Mrs.
M. Summers, Box w South Bend,
Ind, will send free to any mother her
successful home treatment, with full
instructions. Send no money, but
write her today If your children trou-
BILE you in this way. Don't blame the
child. The chances are it can't help
it. This treatment also cures adults
and aged people troubled with urine
difficulties by day or night.
Bismarck daily tribune., 1908-11-21
THANKSGIVING
PROCLAMATION
state Of North Dakota, Executive De-

State of North Dakota, Executive De-
partment.
It Is beautiful custom to set
apart, each year, a day for Thanks
giving, in which to contemplate the
many evidences of divine favor, and
render grateful acknowledgements for
the blessings vouchsafed to us. The
President of the United State, in
recognition Of this custom, has desig-
mated Thursday, November Twenty
sixth, as day Of General Thanks
giving and Prayer throughout the Ma
ton. f5
1t is especially fitting that this
young state should join in this Fes-
tiyal Of Thanksgiving. Our people
have prospered wonderfully In mater
ial things. The earth has given gen
erously OF its store. The opportuni-
ties for industry and thrift are unsur-
passed. There is present just ap-
probation of the great responsible
ties Of citizenship, a high tone Of pub
lie morality and probity, and a whole
some respect for the majesty Of the
law; therefore,
In accordance with the proclama.
tion of the President, and In keeping
with the spirit Of the season.
I, John Burke, Governor Of the
State Of North Dakota, do hereby pro
claim Thursday, November Twenty
sixth as Thanksgiving Day In this
state; and I earnestly recommend
that 1t be a day Of thanksgiving ii
spirit as well as in name. Let II bt
day Of Home Coming for all Norti
Dakotans. Let those who are sepa
rated come together. and in home ant
church render thanks to Almight.
God for the many blessings witt
which we have been SO graciousl
favored. 6
1 Let it be a season OF kindness an
good works: Of benevolence and broa
charity; a season of rscnnciliatio
Il
Bismarck daily tribune., 1908-11-21

and forgiveness and mutual helpful
ness, that we may go hence with
greater strength and courage to do
our work well.
In Witness Whereof, have hereunto
set my hand and the Great Seal Of
the State. Done at Bismarck, the
Capital, this Eighteenth day Of Mo-
vember, A. d. 1908.
JOHN BURKE.
(Great seal) IS
BY the Governor.
ALFRED 8BLAISDELL
Secretary of tSate.
Bismarck daily tribune., 1908-11-21
SEVEN YEARS OF PROOF.

Il have had seven years Of proof
that DR.. Kings New Discovery is
the best medicine to take for coughs
and colds and for every diseased con-
dition Of the throat, chest or lungs,
says w WI Henry Of Panama. Mo.
The world has had thirty-eight years
of proof that DR.. Kings New Dis
covery is the best remedy for coughs
and colds, la grippe, asthma hay fe-
ver, bronchitis, hemorrhage OF the.
lungs and. consumption. Its timely
use always prevents the development
Of pneumonia. Sold under guaran-
tee at Beardsley and Finney's drug
store. 50 cents and s1.00. Trial
bottle free. s
Bismarck daily tribune., 1908-11-21
Mind Your Business.

If you don't, nobody will. It is
your business to keep out Of all the
trouble you can and you can and will
keep out Of stomach and bowel trou-
BILE if you take DR.. Kings New Life
Pills. They keep billiousness, mala-
ria and jaundice out of your system.
SO cents at Beardsley and Finney's
drug store. s;. Il #
Bismarck daily tribune., 1908-11-21
Bids Wanted for County Officers

Sealed bids will be received at the
Office OF County Auditor up to the hour
of II o'clock a. m. on Monday, Dec.
21st, 1908 for the furnishing of Fidel-
ity Bonds for county officers as fol-
lows: II # .#3
County Treasurer. amount, $40. .0oO.-
90; County Auditor, $5.0oO.O0, Clerk
of District Court, 100000: Register
OF Deeds. s5.0OO.0O; County Judge,
s2.0o0.00; States Attorney, 100000,
and County superintendent of Schools
$500.oo. The board reserves the right
to reject any and all bids.
!. w. HEALY,
County Auditor, Burleigh Co, N. D..
Bismarck daily tribune., 1908-11-21

The Lecture Course offers the Cut
ter-Mack Company next Tuesday at
the Atheneum. Reserved seats al
10 o'clock.
Bismarck daily tribune., 1908-11-21

Fresh peanuts, molasses chocolate
and strawberry tafies at Richholt's,
15 cents a pound.
Bismarck daily tribune., 1908-11-21
Supreme Court Says Magic
City Cannot Loose Ger.
tain Territory
Other Interesting Decisions
Handed Down by the
High Court
The State of North Dakota, ex rel
City of Minot, ct al, Appellant, VS.
@. G. Willis, Respondent.

ion, HELD: That the City of Minot
is estopped by its long acquiescence
from questioning the validity of the
method employed by the council in
attempting to segregate certain ter
ritory from it's corporate limits.
{Syl1abus by the court).
Appeal from district court of Ward
county, Hon. E. B. Goss, Judge.
Judgment affirmed.
R. E. Bossard for appellants.
s George A. MCGEE and James
Johnson for respondents.
Opinion by Fisk, J. All concur.
Bismarck daily tribune., 1908-11-21
succor State Drill Co., appellant, v

Succor State Drill Co., appellant, ".
r.. j. Brock, ct al, respondents.
1. Appeal from a Judgment and
from two orders denying motions for
new trial upon the same grounds
after Judgment is not double ap-
peal.
2. Defects or omissions in an un-
dertakine on appeal may be supplied
by amendment or by giving a new
undertaking ulde, the provisions OF
Section 1924. r. c.. 1905 ~. .-..s...
(Syllabus by the court). s.--
Motion to dismiss appeal. Denied.
D. ]. O'Connell and c. w. Hook
way. for appellant.
Bismarck daily tribune., 1908-11-21

Christianson & Weber, for respon-
dent.
Opinion by Morgan, G. J. All con-
cur.
Bismarck daily tribune., 1908-11-21
For Sale,

Cherry roll-top desk in good con-
dition. Call at 606 Main street.
Bismarck daily tribune., 1908-11-21
James Barker, appellant, v. John l..
Moro of a1 raSr,OndentS

James Barker, appellant, v. John L.
More, ct al, respondents.
1. An amendment to an answer to
conform to the facts in an action for
ar accounting may be permitted by
the trial court, although such amend
ment is not requested until after the
evidence has all been taken.
2. An amendment to an answer
may be made during or at the close
of a trial to conform to the facts
proven unless the defense is there
by substantially changed.
8. Parties to written as
signment of contract for the sale
of real estate which was made for
security purposes can annul the same
and make such assignment absolute
by a subsequent contract or assign
ment.
| = 4. An action for an accounting
, will not lie in the abseuce of con-
I tract or fraud to compel a redemp-
ltion from mortgage d foreclos-
ure sale, who thereafter claimed a
sheriff's deed under his redemp-
ton, to account to the mortgagor
for the difference between what was
paid on the redemption, and the
| value of the land.
5. The evidence considered and
held 10 show that the. parties agreed
to change an assignment for securi,
t. purposes, to one absolute in form
and Of fact.
| (Syl,abus by the court.)
Appeal from district court of Bar
mes county, Burke, ].
Affirmed. II
| Lee Combs and J. A. Coffey, 70
lappellant. ..
| Parks & Olsberg, for respondents
Opinion by Morgan, G. J. All con
cur.
Bismarck daily tribune., 1908-11-21

Frank e. Young for the use and ben
fit Of Ole johnson Bostrom, res
pondent, v. G. o. Engdahl, appel
liant.
1. An action to determine adverse
claims on real property the burden
is upon the plaintiff to establish his
title as alleged, where such title
is put in issue by the answer. 5
2. Plaintiff claims title to the
Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1908-05-21
DeIInqu-n mt Tax List.
Continued from Page Four)

5000, imp. on same $500, lot 6,
block 2, val $500. imp. on same
$500, lots 1, 2. block d, val. S140.
imp. on same $500, lots 10, 90, 81.
%, block 6, val. $500, imp. on same
$500, piano 500, jewelry 800, total
val. of property $4,000, prop tax,
s147. pen. s14.70, special school
dist. No. $40. pen. $4.90. city tax
s42.90. pen. s4.29, adv. s1.25, total
tax $4,000.
Mrs Hannah, Mountain
Home-Mountain Home Townsite.
lots 10, IA. block 5. val. 5000, and
IT 1T. on north side lot Is, block s.
val. $66, imp. on same $500, total
val. of property 1886. prop. tax
s25.9S. pen. $3.50, spec. school dist.
1856. pen. 81 cents. city 1882.
pen. s5 cents, adv. rs cents. total
tax $4S.S2.
Linton. N, Unions add. to Mountain
Home-Lots 4, s. 6, Z, s. block 81,
val. $3.50, prop. tax $1,000, pen
s1.05, special school district
$3.50. pen. 35 cents. city tax
1886. pen. SO cents. adv. rs cents
total tax $3.50.
Lime Creek Gold Mining Co, by f
p. Cowen-One house on Hunter
creek on President mining claim
val. 500, quartz mill on Hunter
creek $4,000, total val. of prop
$2.100, prop. tax $63, pen. $3.50
adv SO cents. total tax $3.50.
Lawson. o. r., Pine-Pine Townsite
lot 6, block IT, val $40, imp. or
same $50, COW 1, $12, r. horse l
val. SIS, total val. of prop SS7
prop tax 1921. pen. 26 cents, pred
atory and sanitary 3 cents, PEN
cent. pom tax $3.50. road tax $3.5C
adv SO cents. total tax S941.
Loomis j. H., Ed Nj. clark, agen'
Glenn's Ferry-Glenn's Ferry, Ham
mer's add.-Lots s and 8, block AZ
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-09-18
KILLED WIFE AND HIMSELF
William McGann, a Montana Ranch
man, Ended Family Troubles
With Death.

Butte. Mont. Sept. IA Billings
special TO the Miner says
A double tragedy was enacted this
afternoon upon the Bank ranch, one
mile east of Laurel in which William
Mccain. we'll known in this vicinity,
shot and fatally wounded his wife and
then committed suicide. The tragedy
is said 10 be the elimination of trou-
bles of long standing between the cOu-
pie.
According TO meag information i'm
mediately obtainable. Mccain, who
has for some time been away from
home, returned today, went to the
ranch. and after war of words with
his wife, drew revolver and shot her
three times in the head. Attracted by
the shooting, neighbors rushed to the
place. only to be warned by Mccain
to keep away from the house, under
threats of being killed.
The people surrounded the place In or
der to prevent the escape of the muir
derer, and it was only a few moments
later that another shot rang out. and
ii was found that McGann had taken
his owr life.
Mccain had been arrested a short
time ago on the charge of beating his
wife.
1t is rumored here that the difficult
ties which ocC drred between McGann
and his wife were caused by jealousy
on the part of the husband, who
claimed that his wife was too fond of
the attention of other men.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-09-18
TIIE sAET LAKE HERALD: FRIDAY, sEPTEMBER 1905

must give up All other things in life; she
must not expect to have good times, en-
jcyment that girls like and all that
gees to make life fuller and broader The
trend of thought is entirely different to-
day, and girls of all classes-society girls
and those who do not class themselves
that way-are finding that the associ-
alton broadeRs their lives and gives an
added interest to their contact with hu-
mainly.
This was the prevailing idea, l might
say. of the great convention. but the
enthusiasm, the great altruistic spirit ana
the general wish to be a help in the llveS
of others: was all-pervading. The ideas
presented were in no case the old vision
airy ideas of doing right with no prac-
teal ends to work to- They were emil
,ently practical ideas. with very definite
ends to work to. There were people OF
all classes. showing how broad Is the
work OF the association and how II APP
peals because of its practicability. TO all.
PERSONALLY l have always had great
deal of ambition in regard TO the work.
and, too, | have always had desire
to come west, so, you see, L come that
well equipped for the work. !. of course.
know little of the extent or the work
here. but | do know what 1t has done
elsewhere for young Womanhood. ana
doubt not ii will do as much here.
With the coming of the new secretary
the work of the local association Will be
extended. The lunch and rest rooms In the
Brooks Arcade, which are nearly on n
paying basis will OF course. remain Ian
her charge. but Mrs. Stella b. Hapgood
will take the place of house mother at
the boarding home on Second East street.
The capacity OF this home must be IN
creased. and this is one CT the problems
now before the association.
Yesterday was free peach day. and
Mrs A V. Taylor and Mrs. A. S. Mar
tin had sent to the association rooms
great quantities of peaches. so the mem
hers and especially those whose habit 1t
is to enjoy the delicious luncheon there,
had all the peaches they could carry
away Mrs. Caffan. member of the
association, has been accommodating
enough TO fill the position OF secretary
through the summer months
The work of the Travellers Aid branch
goes on most satisfactorily under Miss
lie Sourd. although the summer travel Is
not of the kind that has needed such
help as was necessary in the winter
months.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-09-18
Common Sense
and a Tablet
Do Away With Dyspepsia, Stomach
Trouble and Make Meals
Pleasure.

When your stomach goes on a strike
and mass meetings of indignation are
held all over your body. then it is that
you should sit up and take notice.
IL is clearly and only a question of
common sense-is this thing called Dys-
pepsia. Take away. by abuse. over-eat-
ing. excuses and high living. the things
which the stomach needs, and you have
dyspepsia and indigestion: then other
maladies follow these-this is common
sense.
The stomach IS willing enough. but you
won't let it do its work. You take away
the materials which are so necessary for
it TO use.
sa and indigestion flee and the whole ma
chinery OF man begins slowly to move
and do its work
What the stomach needs is nerve force.
fluids for its, digestive glands, nourishment
and power. All these necessities il takes
from the blood. II dyspepsia gives nothing
TO the blood, the blood gives nothing TO
the stomach
This is common sense also. pure. sim
pie and unalloy6d.
Stuarts Dyspepsia Tablets are common
sense pressed by high power into tablets.
In these tablets are powerful essences
which go into the stomach, digest food.
stop gas making. prevent decaying of
food enrich the gastric juices. are alb
sorbed by the blood and thus give II
strength to furnish better fluid for di-
costing the next meal Every physician
knows what comprises these tablets:
every druggist has the same knowledge
also. They are natural common sense d.
gtsters which do the work for the stom-
ach quickly and we'll Every drug store
carries them. SOC per package. Send us
your name and address and we will send
YOU a trial package by mail free. Ad-
dress f. A. Stuart Co. $50 Stuart Bldg.
Marshall. Mich.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-09-18
WYOMING COAL
IS EXHAUSTED
Salt Lake Now Getting Current
Supply From the Utah
Coal Mines.
REEVES SOUNDS WARNING
INDUSTRIES WILL SUFFER UN-
LESS SITUATION is RELIEVED.

Coal dealers say that Salt Lake is now
receiving its entire supply of fuel from
Utah coal mines
Our supply of Wyoming coal is ex-
hausted." said Richard T. Morris. presi-
dent of the Citizens Coal company. bat
we are still able t. fiji orders by usirg
Utah coal All of the dealers who for
meriy handled Wyoming coal are now.
believe. selling Utah coal. The output
of the Utah coal mines Is about 5000
tons day. but as the railroads use much
OF this the amount that can be secured
for private consumers is considerably
less. AS long as the present favorable
weather continues, the situation. in Salt
Lake at least. will not be serious"
Railroad men state that while Salt Lake
Is now securing shipments of coal from
the Utah mines along the Denver 81 Rio
Grande railroad. and for that reason the
danger OF coal famine is not imminent.
there are wide regions in the intermoun-
tain country which have been cut off
from supplies of fuel and that the situ-
alton In those regions is already seri-
Gus.
Views of John A. Reeves.
of the Oregon Short Line. who several
months ago. in an interview published
in The Herald. voiced a warning to- coal
consumers that there was danger of a
curtailment of the coal supply. said yes
terday that the railroads hope to see the
Npresent good weather continue until the
Wyoming coal miners strike is settled.
In Salt Lake he said. the gravity
OF the situation is not fully understood
Here We are IN a position to receive sup
plies OF coal from the Utah mines to, the
south. but outside of the city there are
many places which already feel the need
OF coal. II the situation is not relieved
there will be an interruption of industrial
activity. The sugar factories and other
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-09-18
To the Public.

Folks Utah State Gazetteer & Bust
ness Directory -190S-O9 Covering the en-
tire State) is now in press. All bust
ness and professional people who have
made any changes in business or office
address. as we'll as all newcomers, are
requested to call at the Directory Office
at once in order to insure correct in
sertion of their names and business in
this well established work. Don't phone.
w. P. COOPER, Sec. & Mgr
617-620 DooIy Bldg
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-09-18
Try It, Use Il.

Once tried. always used. Crescent
Creamery Butter. For. sale at all gro
GERS and butchers.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-09-18
SHAFT HOUSE IS BURNED
Fire Does Damage of Nearly $40, 1000
to Little Chief at
Eureka.
Especial to The Herald.)

Especial to The Herald.)
Eureka. Sept. 17.-Fire destroyed the
shaft house of the Little Chief mine at
els o'clock this morning The loss on
the shaft house and the machinery il
contained is estimated at between
$4,000 and $4,000. Insurance. $4,000, of
which $4,000 was on the building and
$4,000 on the machinery. Within a few
minutes after the fire was discovered
the shaft house was doomed, owing to
the high wind blowing at the time. The
fire department reached the scene
quickly, as the Little Chief is in the
city. and by hard work was able to
prevent the flames from spreading TO
the tinbers of the mine. which were pre-
served almost uninjured. 1t was feared
during the fire that there was giant
powder in the building, and this kept
many from approaching too closely.
This fear proved TO be unfounded. The
Little Chief people intend to rebuild at
once and put in new machinery.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-09-18
REAL ESTATE TRANSFERS.

Edward McGurrin to L. Minshall.
lots 30, etc. block south Salt
Lake ..--.s--|
Mary l.. Hammer to James II. liam
mer, land in section 20. township
south. range l east .......-..-
Samuel f. Peterson to Benjamin
Bergman, part lot 3. block 81.
plat B.......... ..-........-.---...
John II. Buckle TO Charles l.. Shell
ley, lots II, etc, block 2, Rice &
Margaret Y. Taylor to Samuel Y.
Taylor, part lot 3. buock .. Five
acre plat ..................
j. II. Snow TO Mary III. c. Watson.
part lot .. block so. plat A........
J. H. Snarr to e. a. C. Watson.
part lot 2. block 80. plat A.......
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-09-18
McCarty's $500 Hats.

In all the advance fall styles. $500 and
$500 values, choice $500. $50 So. Main.
near P. O., Sept. 4 and only.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-09-18
NEW SECRETARY ARRIVES TO DIRECT
WORK OF THE LOCAL Y. W. c. A.

Miss Mary B. Prosser. the new secre-
tary for the local Young Woman's Chris
tan association. has arrived and will take
charge of the work Immediately. Miss
Prosser comes direct from Oberlin. O..
where she has been engaged in the work
for the past four years. Young. enthusi-
astic and energetic. with a personality
both winning and impressive. she embod-
les her own theories of what the asso-
citation work means in the world today.
There was nothing which so impressed
me. at the national convention at Geneva,
WIS.,, last summer" she said to a Her.
aid representative last evening" las the
growth of thought in regard to the work
OF the Young Woman's Christian associ-
alton. Formerly the idea prevailed that
IL a girl belonged TO the association she
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-09-18
Mrs. wInsIow's Soothing Syrup.

has been USED for YEARS by MILL ms
OF MOTHERS for their CHILDREN
WHILE TEErHING, with PERFECT
SUCCESS. II SOOTHES the CHILD.
SOFTENS the GUMS. ALLAYS ali
PAIN; CURES WIND collie, and is the
best remedy for DIARRHOEA. Sold nv
Druggists in every part OF the world. Be
sure and ask for Mrs. >Winslow's Sooth-
Twenty-Five cents a bottle. GUAHAN-
TIED UNDER THE FOOD AND DRUG
ACT. JUNE 20. 1906 SERIAL NUMBER
1893
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-09-18
METEOROLOGICAL REPORT.
Yesterdays Record at the Local Of
flee of the Weather Bureau.

Temperature a p. m, 81 degrees; max
imum temperature IS degrees; minimum
temperature, IS degrees; mean tempera-
ture. 81 degrees, which is degrees below
normal Total. excess of temperature
since the first of the month. "a degrees.
Accumulated deficiency of temperature
since Jan. l. 1874 C->-ees. Total precipita-
ton. O6 inch. Total precipitation since
the first of the month, .93 inch, which is
"a inch above normal. Accumulated ex-
cess since Jan. /. 3.12 inches. Relative
humidity at p. m, SS per cent
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-09-18
The Pills That Cure
Sciatica

That sciatic rheumatism can be cured
by the use of DR.. Williams, Pink Pills
is evidenced by the case Of Mrs. Stewart
McEwan, Of Fort Hunter, Pa. She
SAYS:
For five months I was under a doc
tors care, suffering from what he term
ed chronic sciatic rheumatism. The
disease settled in my hips and knees and
l suffered intense darting pains. So Sc
we're was the pain at times that would
have to cry out, and sometimes l was
perfectly helpless. NV limbs were SO
sore that was unable to bear the weight
OF the bed clothes over me- l was ex-
tremely nervous, had no color, and did
not seem TO have much blood. had no
appetite and food caused me great dis
tress. l was constipated and suffered
constantly from a dull throbbing head
ache.
Il had no strength and was reduced
in flesh until l was u mere skeleton.
AS the doctor could not help me, de-
cided to try Dr. Williams Pink Pills
which were recommended by an SUIT.
After using the pills short time
noticed decided change for the better,
and kept on with them until the rheu-
matiSm left me entirely"