davidaulloa/AmericanStories huggingface dataset:
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-11-24
Charles Baker vs.. K. r. Newton
andD. w. Talbot.


Dismissed.
l. The Supreme Court, under sec
lion 2, Article VII Of the constitution
Fas power TO isue the common writ
Ccrtiorari.
Al common law, certiorarl lies
&C. inferor courts and tribunals TO
bling to a superior court the record
for investigation as to judicial err
rors only.
3 Certiorari will not lie from the
supreme court to the county court
under section 2, article 7 Of the con
stitutlon aher there IS an adequate
remedy by appeal.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-11-24
SCOtt'S Emulsion

is for coughs and colds as
we'll as for consumption.
It's easy for SCOTS
Emulsion to cure a cold
or cough and it does it
better than anything else
because it builds up
and strengthens at the
same time.
Don't wait until you get
Consumption or Bronchi-
tis. Get Scott 5.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-11-24
I. ?. MeIIon vs. N. FuIton.

r. p Mellon VS.. M. Fulton.
T. In a suit on account for SER
vices rendered where there is more
or less uncertainty as to the grounds
of recovery. ther may be properly
joined in the petition a "onut upon
xpress contract and a count upon
luantum merit and the question OF
granting or overruling a motion to re-
qnirc the plaintiff to elect upon which
count he win stand Is addressed TO
the soun legal discretion of the court.
.. Where the question of whether a
professional employment was general
o. special was by the the referee de.
Cided upon conflicting evidence, this
court will not interfere with the find
ing.
3. Where an attorney under the
terms nf his general employments de-
bars himself from employment by 9th.
ers whose ~ tests are antagonistic
to those of his client 80 employing
him, such services rendered under
such general employment.
Opinion by Turner, J..
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-11-24

D. G. Fleming, VS.. John Framing, ct al.
l. Under a mortgage clause pro
yiding that the whole amount of the
mortgage dcbt shall become due, al
the option of the mortgage. for de-
ftult in the payment of taxes before
the same shall become delinquent, a
default and subsequent sale of the
mortgaged property does not entitle
the mortgagee to foreclose where an
taxes penalties AMI interest lawfully
have been fully paid on and discharg-
cd by the mortgagors and notice there.
OF given 20 the mortgages before
suit
g. Where from the record 4 ap-
pears that the clause IN the mortgage
upon which the alleged defaults are
based Is too indefinite and uncertain
to authorize a default thereon so as
10 enable the mortgage 10 declare the
mortgage absolute and foreclose the
same. the judgment OF the trial court
in refusing the foreclosure the same
viii not lc disturbed
Opinion by Turner j.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-11-24

Send this atvfI'ifrneni. together Win rame Of
gaDsr 10 ehi>h a appc4fs, ,our 4i.,5sEs ani toug
cenis "a cnvcT postage. anil re Mil seni yoe
"ca.allsie 9anff Ailas " Pc Wofif 81
scCTte & Lon &. t43 PA s.s.st leg Sofh
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-11-24
Sylldbi of Supreme
Court Opinions


the amodnt OF money so fraudulently
obtained.
81 SAME. Although the Injured
party may have had prior notice that
such party was under age. yet II he
believed srch false representations,
which were fraudulenuy and inten-
tionally lade by such party grantor.
tnf relying thereon parted with con.
sideration as result thereof. such par
IS granior, although the other party
may not have exercised reasonable
care. will be refused the aid of equity
TO cancel such deed. though II may be
absolutely void. unless he offers to
refund The amount OF money thus
wrongfully obtained.
Opinion by Williams, c. j.
Error F-on United States Court.
Indian Land 4 trust Company, Plain
tin in Error.
y3.
w S. Fears. J w. Crutchfeld and
Rock island Trust & Improvement
Company. Defendants in Error.
Syllabus.
Section IS, Act Of Congress, entitled,
AN Act to ratify and confirm a sup
Elemental agreement with the Creek
tribe Of Indians. ard for other pur
poses" passed June 81, 1923
stat at Large 500 does not author
ize the United states indian agent OF
Indian Territory to evlct, at the in
stance IF the father and sole heir. of
q deceased allottee, parties in peace
able possession. under claim OF right
of a tract of land allotted by and TO
such decedent prior to his death.
Opinion Of the court by Dunn, J.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-11-24
Joseph Marshall, Appellee.
Syllabus by the Court.

RffoatN W NNC CStlA
T. Equity will refuse to lend its aid
IN any manner TO one seeking its ac-
tive interposiiion, who has been guilty
oi any unlawful or ineQultable con
duct In the matter With relation TO
which he seeks relief
? Where party fraudulently rep
resents that he is over twenty-onc
years Of age. and in fact he is only
nineteen wears OF age. and such false
and fraudulent representations. m con
nection with his appearance and sl2e.
being believed, by means Of a deed
ihen aud there executed b. him. be on
account Of such fraudulent represen-
tation obtains the sum OF Sl25 az a
part OF tie consideration therefor,
sroh party grantor. whilst la posas-
ficn Of the land described IN such
deed Hili not be permitted TO invoke
the aid % equity to have such deed
sanceglea, although II may be aBso-
a2fsy YG'l. Siihop6 nResinG 10 re1uRS
The Robesonian. [volume] (Lumberton, N.C.) 1870-current, 1908-12-21
Clothing! CIo1I1ingi! ClotE1iine!!!

Overcoats ! Overcoats !!
~ Mems Overcoats reduced from S 500 to S 3.35
IL 1000 to 100
And other Overcoats about one-haIf prices.
600 Pairs Mems PANTS at HALF USUAL, PRICES
Large lot of Mems Vests at p cents oach
The Robesonian. [volume] (Lumberton, N.C.) 1870-current, 1908-12-21
Mems Hats and Cans.

0od hat at 80 cents which is sold by some dealers at
@4 PIP Other Hats reduced from $500 to 81 % and
The Robesonian. [volume] (Lumberton, N.C.) 1870-current, 1908-12-21

Remember this is Caldwell C Car1yle's Cele-
oratlon Sale and that our entire Stock
OF Goods is to be sold
The morning journal-courier., 1908-04-11
HUGHES MAKES PLEA
Enthusiastically Supported in Address
 on Anti-Betting Bills.

WatertoWn, N Yo April 1O,--Gover- nor Hughes was the guest of honor at the annual banquet of tho Water town chamber of commerce held at tho Woodruff house tonight. Over two hundred members of tho organi- zation attended, The governor and his party were met at Utlea by a re- ception committee and upon arrival here late this afternoon, were escort ed by Company c, N, Y. N, G., Co the hotel, where a public reception was held, Governor Hughes was most en- thusiastlcally greeted by thousands of citizens and business men, The twen- ty-fourth infantry band colorcd, from Madison Barracks furnished music during the reception, and the ban quet, County Judge George w.. Reeves acted as toastmaster.
 Mayor Francis NJ, Hugo was the first speaker and welcomed the gover- nor in the name of the city. Cover nor Hughes made plea for the anti gambling bills.
The morning journal-courier., 1908-04-11
Nnw Committeeman.

Because of sudden illness Frank Witt stein. who has been serving on the central sanitary committee as repre- compelled to resign. Jacob CAplan, 31 DaGgett street, has been appointed to take hls place
The morning journal-courier., 1908-04-11
HEARS MANY BIG MEN
Bridgeport Board of Trades Toast
 List Varied Ono.

Bridgeport, April tO.-Many dis tinguished guests attended the annual banquet of the Board of Trade at the Algonquin club tonight and its varied industries. The chief guests were Senator Robert l.. owen of Oklahoma and his address was greeted with great applause It had been expected that Baron Kogoro Takahlra, the Japanese ambassador, would also be guest, but hc was unable to attend owing to indisposition President Fred Enos of the board served as toastmaster. Senator owens toast was Peoples Rule in Oklahoma"
 John Barrett, of the bureau of American republics at Washington, responded to the toast South Ameri- ca, our Great Opportunity" He said that the United States had the oppor- tunity of the century in the countries on the southern continent from an in- dustrial standpoint, There is, he said, great field for activity which
The morning journal-courier., 1908-04-11
COULD NOT PICK
 GUILTY POLICEMAN
(contlnued from First page.)

(Continued from First Page.) ins, which was one of the specific times that Mrs Thompson mentioned. She could not recognize him.
 Officer Robert Holinger was not rec ognized either He was on the beat before last July, and so was not ques- toned further.
 Officer William T. O'Brien similarly had not been there since last July and so was excused.
 Officer John II. Moore was on the beat in November and December of last year. He saw there no violations of the law and got no liquor there himself Mrs. Thompson did not re- member him either That ended the policemen. Tho next witness called was James r. Loddy, who was at one time ono of Mrs. Thompson's roomers. The latter had testified that he had told her of getting liquor at Ahearn's In Illegal hours and of irregular prac- tices. He admitted knowing Mrs. Thompson He said he was quite sure he had never told Mrs. Thompson that he had got liquor at Ahcarn's on Sundays.
 Have you ever been to Ahearn's and come away in an intoxicated con ditlon?' asked Attorney R. J. Wood ruff who appeared for the remon- strants.
 I've come away from there with some drink in me" he replied.
 Did Mrs. Thompson ask you where you got it?" he was asked.
 "All she ever said was l ought to be ashamed of myself"
 Witness said he had had so many conversations with Mrs. Thompson about girls that he could not well re- member any particular one He had never seen any bad girls at Ahearns l He had never been in the dining room in the place. Didn't know there was one. He said he left Mrs. Thomp- sons in September last, and had been at Ahearns but once since then.
 Mrs. Thompson then took the stand for few minutes. Questioned by At torney David F. Fitzgerald, who ap- peared for the defendant in the ac- ton, she said what she saw pass look ed ''yery much like bottles" 70 her. But she was not certain but that they might have had milk in them. She did not know what whiskcy bottles looked like. The last time she had seen one pass she said was last Sun day morning at about o'clock She ' got 1t was tall or short, light or dark. She was allowed to go at that point and the arguments begun They were very spirited and there were many personalities
The morning journal-courier., 1908-04-11
VANDERBILT BREAK
Couple Had Not Been Living Together During Past
 Year.
HAD A BITTER QUARREL
Mrs. Vanderbilt Declares on stand She Did Not Condone AL
 leged OHcnscs.

New York, April 1O-Mrs Alfred C. Vanderbilt, who testIhed before David Mcclure, referee, told story about her relations with her husband, 1t Is said, who had never been known even to those persons best acquainted With her in society, Few of her inti- mate friends knew the facts, 1t is de- clared,
 The main fact developed was that for the past year, or since tho young woman had learned of some of the ac- tons of her husband, she had not lived with him. She told the referee, 1t Is said, that she first learned of her husbands alleged olfense a little more than a year ago. A bitter quarrel, 1t Is said, followed when she told him what she had learned. How Mir Van derbllt took the accusations is not known, for this part of the story was not related on the stand. At any rate, he was not so greatly worried as to become melancholy
 The Wife of the young millionaire was asked just five important ques- tions by the lawyers and the referee. One of them concerned the women said to have been mentioned in the divorce papers, and of these 1t Is said that an actress who leads a Broadway musical production Is one of the chief figures.
 Another of the questions related to whether or not she had condoned her husbands offense, for that is a ncces- sary fact In such a divorce case. She answered that she had not forgiven him, and there 1t was that she ex- plalned that she had not lived with him for year or more. It had seem- ed to Mrs Vanderbllt's acquaintances and friends that there was not even | coolness between the pair. for in some way they had managed Co cover up their differences. In fact, the infer ence was drawn from Mrs. Wander bilts replies that both had worked to that end.
 The case will not he finished for some days. Though seven witnesses i have been examined, more are to i come, and they must be heard before ! Mir. Mcclure can present his report and recommendation to the supreme i court. He may take a long time in preparing his report. though 1t has been said since there Is no defense his decision would be made on the oral hearings alone,
 The prediction has been made that the settlement on the young wife wil be about s5,000O00 She had. 1t |. said, demanded s1O,OOO, 900, which would be a fifth of her husbands for. tune. From good authority 1t ii learned that he had offered her abou 1 S1,500 900, and that the amount hat been refused. Should no compromlst be reached the question of allmonl would have to bc taken up by th' supreme court. That possibility, how ever, is very remote, it Is declared.
 Much interest has been shown fl the question as to whether or not an. of the women named by Mrs Wander bilt will appear before the referee That Is hardly expected, for 1t Is no believed that any of the woman woult admit an act that would lnjure NIT Vanderbilt. 1nasmuch as no defens is being made it is considered by Mrs Vandorbilt's lawyers that they vii
 have more than enough testimon
 without the aid of correspondents.
The morning journal-courier., 1908-04-11

PAZO OINTMENT is guaranteed to cure any case of Itching, Blind or ProtrudinR Piles in to II days or money refunded. BOG.
The morning journal-courier., 1908-04-11
COMPLAINANT HELD.
Swede Assaulted by Friend is Also Ar
 rested as d Drunk

When Gustavus Ostholm, Swede, went to central police station last night to lodge a complaint against his fellow countryman, Frank C. Dohl- berg, in which he accused him of as- saulting him in a State street saloon he had no idea that he would also get into the cooler for the night, but such was the case, When he first came in- to the station he appeared partly un- der the influence of liquor, but was let go. Then Patrolman Doughan was sent out for Dohlberg, and also to bring Ostholm back, On his second appearance Osthom was fully ntoXl- cated, 1t Is stated, and he was locked up on q charge of drunkenness but simply to be held as a witness His case will not be called in court. Dohlberg is held on q breach of the peace charge.
The morning journal-courier., 1908-04-11
SPECIAL NAVAL MESSAGE.

Washington, April t0--President Roosevelts known desire that the building of four battleships shall be authorized by congress during its pres ent session may result in the sending fin of a special message urging that ac- ton, IL was stated at tho White House to-day that while no message on the subject Is now in course of prepar- atIon. the final determination as to whether 1t would or would not be writ ten has not yet been reached
The morning journal-courier., 1908-04-11

has been only slightly exploited. He related incidents from his own obser- vations while officially representing the United states in South America.
 Vice President John F. Stevens of the New York, New Haven and Hart ford railroad, spoke on Panama" Fl. r. l.. Allen of Washington, J. Hamp- ton Moore of Pennsylvania, a member of the inland waterways commission, Prof. George L. Nettleton Of Yale university. and George w. Hoadley of New York, president of the American British Manufacturing company were the other speakers.
The morning journal-courier., 1908-04-11
ROAD IS BENEFITED
Payment of Big Rate of Interest Now Turned Into Surplus Formerly Went for
 Repairs.

In the last annual statement of the New York, New Haven & Hartford Railroad company 1t was announced that the rehabilitation of the Central New England Railway company's prop erty had so far advanced as to per- init the payment of a rate of interest upon it's general mortgage bonds from the net earnings for the year ending June 30, 1908. Hitherto, for some time, the net earnings of the company have been turned into the repair of the Poughkeepsie bridge, resulting last year in total deficit of $6i7,56S. The Poughkeepsie bridge repairs being now completed, the deficit Is turned into q surpus after operation. and will prob- ably allow an interest rate of about four per cent upon the sT,25O, GOO of gem oral mortgage income five per cent. bonds, due in l0i0 outstanding or these bonds the New Haven company now owns $6.3lSt23, and the remainder of S93t SOC are in the hands of outside parties, largely, as is understood, in Philadelphia Of the preferred stock of the corporation, amounting to $3,750, 0O0, the New Haven company owns s. 3S2,S76 and of the common stock amounting to $iS00,000, the New Ha- ven company owns $i,Spi, 1o5 The pre- rcrred stock cost the company $S45,T9 the common stock, $659,2l9 and the general income bonds and scrip, cost the company $,506, 43i The new ar
 rangcment providing for payments up-
 on the general income bonds Is likely
 to be in the form of a lease, the prac.
 tical result of which will be to add
 several hundred thousand dollars to the l income of tho New Haven company
 where before, owing to the Poughkeep
 sic bridge repairs there was large l deficit
The morning journal-courier., 1908-04-11
PARRY WINS TEN EYCK
Yale Actor and Fence Orator Success
 full of Five Competitors.

Maxwell Oswald Parry of Indianapo- lis, son of David R. Parry, former president of the American Manufacture CTS association. won the first Ten Eyck prize at the junior exhibition in Lampson lyceum last evening.
 The decision was not unanimous. Parry's subject was Walt Whitman" and 1t is said that at least one of the judges held out for Edward o. Proc tor of Wakefield, Mass. whose subject was "The Battle of Saratoga"
 Parry Is known to the people of New Haven especially for his acting in tho different Yale plays.
The morning journal-courier., 1908-04-11
VALE BLUE AT CAPITAL.

Hartford, April t0.-General Stew art l.. Woodford, former United States minister to spain, and at present at the head of the Hughes presidential movement in New York was the prin- cipal speaker at the ninth annual ban quet of the Hartford Business Mems association here this evening, Lieuten- ant Governor Lake, Mayor Hooker and 250 guests were present, General Woodford did not refer to Governor u42Aes caudidasX,
The morning journal-courier., 1908-04-11
New Burners for Every Gas Consumer

Aluminium Tip Governor burners are to take the place of all the poor blowing lava tip burners.
 If you have poor burners, notify Botsford X English 036 Chapel street. The new burners will be cemented on. Price, for 25c,, S1,5O per dozen our inspector will call at your house with these burners.
The morning journal-courier., 1908-04-11
q. II. SCRANTON, Chairman
 By E. l.. Warden, 5ac'y.
Appeal to Landlords.

The list of public dumps where rub bish can be deposited as furnished by the sanitary committee of the Associate ed Civic society by tho board of public works, Is as follows.
 Street off Kimberley avenue, Boule- yard al oyster Point Boulevard at Kimberley avenue, Boulevard at Wash ngton avenue, Boulevard at Columbus avenue, Boulevard at Oak street, Bou- levard a West Chapel street Beaver Ponds, Goffe street, Willow street, off Nash street, Foot of Foster street Ev- eritt street off Gamer street, Foot of Blatchlcy avenue state street near Mill river street, Water street, foot of Hamilton street
The morning journal-courier., 1908-04-11
REPORT REJECTED
 BY CIGARMAKERS

Continued from First Page.)
The morning journal-courier., 1908-04-11

BURNs AND sCALDs FROM STEAM Relieves pain instantly, heals quickly without any scar, DR. PORTER'S AN TISEPT1C HEALING OIL. The only Household Surgical Dressing. Drug glsts refund money If 1t falls to heal. 25c.
The star. (Reynoldsville, Pa.) 1892-1946, 1908-09-16
Park Theatre Entirely
Destroyed By Flames
When the EIks Locked
Horns at Johnsonburg
Strenuous Struggle Ends In
Victory for Reyno1dsville
Wednesday.

Elks the country over although q
quiet, plodding set OF men, have al
ways a warm feeling for the National
game, and whether they can play II
or not, have habit where two or three
OF them are met together OF making
try at the sport. Sometimes the
frisky ones OF one lodge gets 1t into
their heads that they are able to down
like frisky ones OF some other lodge.
Such feeling entered the heads OF
a number Of the members OF the Reyn-
oldsville lodge and they fred a chal-
lenge at Johnsonburg. Now the John
sonburg lodge has believed all the sum
mer through that it could marshall a
force that would make an opposing
team look like thirty cents, so the
challenge was no sooner made lodge
property than 1t was accepted. The
visitors came along Wednesday accord
ing to arrangement and the game
started an hour or so after the time
set. At the start 1t looked good. The
visitors got two runs the first inning
and the home team got three. After
that the game might be classed as a
comedy OF errors. There we're num-
Der OF brilliant plays and number
OF what are known In diamond slang
as ''rotten" plays. The visitors did
some nice work but as we do not have
their names we cannot give personal
mention. The score was to 12 In
favor OF the visitors Notwithstanding
that they did not have an earned run.
A return game will be played next
week.-Johnsonburg Breeze.
The Reynoldsville team was coEl-
posed OF following players Frank Bob
ren, Thomas O'Hare, Joe Williams, P.
A. eastman, Ed. Newton, Robert
Hughes, Leo Nolan, DR.. Harry B. King,
Reynolds Gibson and James DeHart.
The star. (Reynoldsville, Pa.) 1892-1946, 1908-09-16

ON THE
MAP
Business Mems Association to
Go After Adams Express
Company.
LIVELY SESSION LAST NIGHT

The Business Mems Association got
together again last night after the
midsummer vacationi and spent two
hours planning for the betterment OF
local conditions. Among other things
the cost OF thorough clay analys and
scientific location and testing OF the
many stratas known TO underlay this
section, was discussed, a communication
from an economic geolegist OF national
reputation concerning the local field
was read by the secretary
The Adams Express Co. came In for
caustic criticism on account OF an order
Issued from headquarters for the re.
moval OF all phones from the local
express office, thM causing great in
CONVENIENCE TO local business men and
citizens and to the agent Reynolds
Vile IS not alone In being treated In
this way, Dubois, Punxsutawney and
other offices having been reduced to
to the same backwoods standard but
1t will not be the fault OF the local
Association II the order applying to the
home office Is not resclnded. The
Association officers we're ordered to
take up the matter with headquarters
and use all possible efforts to haye
Reynoldsvllle treated as twentieth
century business place. And they will
do 1t, too, with the hearty cooperation
OF Frank o. Sutter, the local agent.
Another little affair which shows
which way the wind Is blowing devel-
oped when a motion to ask the local
merchants and BARRIERS" to observe the
500 p. IN. closing hour was under dis
cussion. The motion carried but not
until the wish was expressed In siren
uous way that such minor matters could
be dispensed with and attention given
to projects Of more Industrial impor-
tance. Attempts In the latter line have
been seriously hindered thus far by the
money striugency, but with returning
prosperity and the spirit OF unrest with
present conditions ready to break loose
in the organization it will not be long
until the Association gets down to bus
iness In dead earnest. In it lies the
future development Of Reynoldsville, a
fact that is becoming better appreciat-
ed by the home people each day.
Next meeting Sept. ~