davidaulloa/AmericanStories huggingface dataset:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-02-29

agreed 10 pay the plalntl1r, VINO was a
real estate broker. "a commission OF 800
in case of sale" Held:
That this did not limit the broker to
a commission only in case of actual sale
by himself, that it was not necessary that
he should complete the entire negotia-
tions. but if he had placed purchaser
in communication with the owner and
subsequent negotiations resulted in a
sale by the owner. then the broker was
entitled to recover.
Exceptions overruled.
Eliza McCleery VS.. Woodward Lewis.
Rescript Emery, c. J.
l. In an action involving the title to
real estate, the record in the registry of
deeds of what purports to be deed of
conveyance of the land is no evidence
that such a deed was In fact executed
and delivered when the party offering
such record claims as the grantee. or as
heir Of the grantee. named in the record.
The statute, r. s. Oh. 81, Sec. 125, making
such records evidence does not include
cases where the party offering the record
claims as the grantee or as heir of the
grantee in such deeds.
2 The rule that deeds shown to be 81
years old or more may be received in
evidence without proof of execution APP
plies only to original deeds. not to copies
nor records of such deeds.
3. The rule that copies of records OF
deeds may be received in evidence
when the originals are lost, applies
only to cases where it is made to APP
pear aliunde that there was in fact
an original deed executed and de-
livered
4. AS the law Is today in this State
grantees in deeds, and their heirs, can
not depend upon the record of deeds
direct to them. If unable to produce
the deed itself they must produce evil
deuce, aliunde the record, that such a
deed was In fact executed and deliv-
cred.
S. The mere fact that a person is
occupying q parcel Of land Is not evi-
dence that he Is claiming title under
any particular deed.
Exceptions sustained.
Louisa NJ. Trip vs. Inhabitants %.
Wells
Rescript by Emery. c. J.
1. To maintain an action against q
town for injuries alleged to have been
caused by defect in a highway, 1t l.
incumbent on the plaintiff to prove af-
firmatively his own due care in the
premises. 1t Is not enough that there
was no evidence of want of due care
.. Even though from the evidence 1,
could be inferred that the plaintiff was
observing due care, yet. if it could bt
inferred with equal reason that he was
not observing due care he fails to sus-
tain his burden Of proof.
g.. Where the plaintiffs horse, which
he was driving, left the travelled par
of the highway, went across the side.
walk and fell over the outer edge o.
the sidewalk into a swale below, to the
injury of the plaintiff, and no explana,
| ton is given for such conduct. the
plaintiff has failed to prove affirma-
lively his own due care in the premises
and hence cannot maintain his action.
Motion sustained.
| Verdict set aside.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-02-29

Germany's great new battleships Of the
Dreadnought type can not safely pass
from the North sea to the Baltic She
is enlarging the Kiel canal to pass q, GO0-
ton ships. Great britain feels that she
rnrst auiid two preadnoa,gbts to Gar
many's ore. THIS means heavy taxation.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1908-02-14
DON'T PUT Off

until tomorrow what you can DO today.
II you are suffering from d torpid liver
Or constipation, don't wait until To-
morrow 10 get help.
Buy a bottle Of Herbine and get
that liver working right. Promptnese
about health saves many sick spells.
Mrs. Ida Gresham, Point. Tex. writes.
= used Herbine IN my family for SIX
years and find Il does all It claims to
do" Sold BY JAS Pettyiohn DIV
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1908-02-14

same.
Section 5. That all ordinances and
parts Of ordinances In conflict with
the provisions Of this ordinance. Ia
50 far as such conflict exists, be and
the same hereby are repealed.
Section g. That this ordnance shall
take effect and be in force from and
after It approval and publication In
the Chickasha Daily Express, a news
paper published and Of general circu.
lati0n IN the city Of Chickasha. ana
that such publication shall Be taken
and regarded as sufficient notice 10
all persons interested Of the assess.
ments hereby levied, and OF the terms
of this ordinance.
Passed January 28rd, 1908.
Approved January 2Srd, 1908.
3. B. BRIDGES.
Attest: JOE DEWs.
City Clerk
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1908-02-14
Tignor ash
REAL ESTATE

POP SALE or TRADE-rzo
aeres, % acres Under cultivation.
spring, ten miles 81 chickasha, !
miles Of station. Price s., 100.
FOR SALE OK TRADE 50
acres. two miles Of chickasha.
FOR SALE 100 acres ia Ben
ton county, Arkansas, three miles
of station, house, barn, small Or
chard 90 acres good farm land.
balance good hard wood timber
Price Sri an acre.
FOR SALE-rro acres-Too Al
bottom, 90 aeres lease paid up for
fouf years All o. S.. 600.
MoHsy 70 ban o. farm
ana ely properly
JONAS COOK, Real Estate,
CHICKAsHA, OKLA.
OFFICE JOHNSON BUILDING
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1908-02-14

Section 2. That the assessment
hereby levied On each Of me above
mentioned abutting and benefited
lots and parcels Of land is hereby de-
clared to be lien upon such lot or
parcel o. land TO the same extent as
other taxes and shall be collected and
enforced according to law.
Section 3. That said assessments
shall be divided into. and shall be pay
able ID twenty lz0) equal annual In
stallment5 as authorized by said act Of
congress; that said assessments shall
bear interest At the rate Of six per
cent l6) per annum payable at the
time Of the payment Of the several
Iinstallments Of said assessments and
from the date Of the passage OF this
ordinance until paid, that the first
instailment Of said assessments and
interest on the whole assessment
from the date Of the passage Of this
ordinance shall be payable Oh the
first day OF February, 1909, and the
remaining installments with the year
" interest on the unpaid instaiments
shall be payable on the first day Of
February Of each succeeding year un-
I'll al shall be paid; provided, how
ever. that any Of the owners Of the
lots or tracts Of land so assessed may
at any time within twenty days from
the passage Of this ordinance pay to
the city collector Of the city Of Chick
asha the full amount Of the assess
ment 50 levied against their said lots
and tracts Of land with interest there
on 70 the date Of such payment and
thereby release such property from
the lien Of such assessment
and the owners Of lots and tracts Of
OF land within said street improve
ment district 80 assessed who desire
70 object 70 such assessment ToI any
reason are required 10 file with the
city clerk Of the city Of Chickasha
within twenty days from the passage
Of this ordinance. a statement In
writing setting forth their objections
and the grounds thereof, and such
owners are hereby notified that q
meeting Of the city council Of the
city Of Chickasha viii be held at the
council chamber IN said city on the
18Th day Of February. 1908. at which
meeting any such objections viii be
heard and considered BY said city
council.
Section 4. That the city collector Of
the city Of Chickasha be and hereby
is directed TO mail 10 each person
owing said assessments not more
than forty and not less than thirty
days before the maturity Of each in
stallment Of such assessments no
tice II writing stating the amount
owing BY such person Of such annual
inetallment and interest then due and
that unless the Same shall be promptly
paid when due the statutory penalty
win be added and proceedings taken
according 70 Law for collection Of
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1908-02-14


4
w
rr rs ~
- r ~ ~
~ rorr- rnr--
A
A
7 II -
M s4-r M
Kzrss s~s-s hm tss ~
Ra-1aa street = m
" Ezs z-sy ts~ssz Fa -
sxz B.rt ard 1ss
q s-sss 1gszzzt a -
ccraai of asa arror et Ya~s
aTsza a1 Ls a4 ar1 srzasz 1F
-aE1 A1s lEsra91 "a s1s sY ofI
cz.-Ezzzz- an1 o-1sz rz1ess1s hzd
I-F
&C. road
e - 0-.-
rsssa d - sse~sr-s -
~ u e-v s1.s
gsh gscs s-rss -a ae+ "A r
IA for ~ rzf ruo - IN.
Anstrz q t5e Fs rsvrsgas r-sses
"a lie Inaizn Tsr.o- ana - 49,
P~r ard .ta sessi ~c~. Il .-ss
irrrs-awa+ tsa raa~ s-oa-+as~.x ,-s \
a tsresz se.s-~fre4 n ~ - -, \,
ts1 4zs a - - rzts - -,
arsirv The Io.~ zs trs~+a - 80
asnnsuz rrcr rass rrr,or y -.Ts
aTenus 30 constituting laid srsst i
5roFsnent district 50. 2. ard
Where's. ~ iegai requirement. (
aafe 5e@a tnllT compiled vita To
a1t1craze ne lsTgl1s cf ag1easmanta .
zazfrss said lots ard tracts 81 gsr5
Hsffa fe s--z-umevf se- ~ eoss "
49,
- ..- ~ go
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1908-02-14
LOST AND FOUND

LOST-A fur in the lodge hall over
he post once. last Saturday. Finder
please return to this Office 2-IS-St
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1908-02-14
FOR RENT

FOR RENT IioUeo. 8 room, garden,
harm for Z horses, chicken lot, city
wafer Can al Minnesota. 2134t
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1908-02-14

FOR SALLY White leghorn cock
efsiss Wgc0a strain Apply u MFa.
q w Manfrd or Phone 1sS 2-1z.st
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1908-02-14

FOR sALE-Beat quality prairi
hay IN ton lots at $40 per ton. z. n
Tuggls. Phone 652. Hip II
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1908-02-14

FOR SALE FINE rURHAM BULL
Calf n sale; aixty-fye sixtysixihs reg
iatered VIII eat anything eatabIe..
Can oh 4 81 woodruff 1908 South
Fourth street 2-13-3t
Daily capital journal. (Salem, Oregon) 1903-1919, 1908-09-19
istsiOR NORTHERN PACIFIC
TERMINAL FOR 'FRIsOO

san Francisco. Sept ls.--It Is ru-
mored in railroad circles today that
the purchase OF a site OF I2OO acres
OF water front on tho San Francisco
bay. across from the mooring Of deem
water vessels. Is in reality a move ON
the part OF the Northern Paeine 10
secure terminal In this city.
The purchase was made ostensIble
for the Hoatling railroad. which Is
announced 20 be a merger OF several
small railroads in this state.
This railroad will practically be .
terminal for a future trans-eontInen-
tai line into San Francisco" said
Manager Charles w. conlish today.
and Il L. this statement that Is pug
Hling railroad men.
Daily capital journal. (Salem, Oregon) 1903-1919, 1908-09-19
TWO-CENT RATE
INJUNCTION TAKES EFFECT

ST Louis. Mo-. Sept. 19.-The tenn
porary injunction granted by FEEDER
al Judge Triber. OF Little Rock. 10
the Kansas City Southern railway. re-
straining the Kansas railroad COM
missioners from enforcing the freight
tariff law and the two-eent passenger
rate law. Is effective today.
The court required the railroad
company to execute a bond guaran.
teeing reparation In all cases OF over
charging, provided that the court IN
the finai hearing decides in favor of
complainants.
The railroad is required 10 issue 10
each passenger coupon with the
ticket showing the price paid, and TO
each shipper OF freight. showing the
amount he would have paid II no IN
junction had been issued. Should the
Injunction be dissolved the road must
return the difference to passengers
aud shippers. with interest
Daily capital journal. (Salem, Oregon) 1903-1919, 1908-09-19
WILBUR WRIGHT TO
CONTINUE FLIGHTS

Lemans, France, Sept. 19.-In the
face OF the disaster which occurred to
the aeroplane OF ortille Wright and
resulted In the death OF his assistant.
Lieutenant Selfridge. a number of
persons today offered to accompany
his brother, Wilbur Wright. who will
make another flight Monday.
Wright retains great faith In his
invention, and announced today that
he would make no change In the con-
struetion of his aeroplane. He eonsid-
ers the accident 20 his brothers ma
chine was caused by defective mate
rial, and not to any fault in the line,
OF it's construction.
Daily capital journal. (Salem, Oregon) 1903-1919, 1908-09-19
HELD UP AND
ROBBED OF S35

The FIRST robbery that has occurred
since the opening OF the fair occurred
nj s;f0 o'clock last night, on East
State street. when Frank Freeman, a
state fair visitor from Tlllamook. was
held up at the point OF gun and re-
lieved of $50 worth OF yaluables.
Freeman reported the holdup to
the police last night. but so far there
Is no clue 10 the identity or where
abouts OF the robbers Freeman said
that he was walking east on State
street, and was almost directly Ia
front of the store on Twelfth street
when two men walked out from the
and ordered him TO stop.
One of them held the revolver while
the other went through Freeman's
pockets. II is probable that the rob
bers left ON the s;56 overland.
Daily capital journal. (Salem, Oregon) 1903-1919, 1908-09-19
HEALTH BOARD cENsUREs
FAIR SANITATION

The State board OF Health today
inspected the state fair grounds and
condemned the sanitary arrange
ments In severe terms. They per-
sonally inspected the closet facilities,
and pronounced them flthy and en-
tirely inadequate for the comfort and
eleanlinesz. of the people.
Or. W, u. Morse took the other
members OF the board. r. @. Yenney.
Andrew c. Smith. ]. G. Smith a
pendletcns and u. d. Pickell OF Grants
Pass, 70 the fair grounds In his auto,
and they went over the premises
thoroughly, and win make a report 10
the legislature that viii make that
body wipe out the present prlmativs
arrangements, and spend about ten
thousand plunks on water closeta
Daily capital journal. (Salem, Oregon) 1903-1919, 1908-09-19
CHILD OF MILLIONAIRE
CARED FOR BY PRIESTS
Omitted Press Leased Wire,

Denver, Colo, Sept. 19.-Admit-
ting that he fears the child was kid
naped, Father ]. A. Ryan, assistant
pastor of st. Leo's church, is today
making preparations to place S-year-
old Arvilla Bell, daughter of Mrs.
Cora Belle Bartinie, in st. Scholasti-
cas- Academy, at Canyon City. Faith
er Ryan took the child out Of the de-
tention home yesterday.
The transfer was made by Father
Ryan, at a consultation with Secre
tary whitehead, of the State Bureau
of Child and Animal Protection. AMI
the little girls mother, both of whom
consented to the move. The little
girl, whom the mother insists is the
child of T. M. Barnsdall, Pittsburg
millionaire, will be given the best
rearing and education possible.
''I believe the mother is victim OF
circumstances" said Father Ryan.
"She is undoubtedly a woman of ex-
cellent training and education, but
she has met with hard luck In being
welded to this man MARITIME, whom
I am convinced is bad "
Daily capital journal. (Salem, Oregon) 1903-1919, 1908-09-19
Tale and Its Manifold Uses.

Tale and soapstone are found in
nearly all of the Atlantic slope states
and in many OF them the deposits are
so favorably located as regards
transportation and markets as to
make their development profitable.
During 1907 such quarries were op-
Grated In Georgia. North Carolina,
Virginia. Maryland, Pennsylvania,
New York, New Jersey, Rhode Is-
land. Massachusetts, and Vermont
New York. which formerly had the
distinction of being the largest pro-
ducer OF tale in the United States
was in 1907 forced to give first
place to Virginia, whose product
represents about Al per cent of the
total value. Deposits of tale and
soap stone occur in several of the
western states also. but present con-
dItions as regards transportation
and markets are not sufficiently fav-
orable TO Justify development except
in California.
The product OF the quarries varies
from pure follated tale to the harder
steatite or soapstone. For use in the
art II is either powdered or sawed
into slabs or manufactured into var.
ious articles. The powdered or
-four tale Is used in the manufac.
ture of such diverse products as fire-
proof paints. electric insulators. COW
erlng for steam p,pel, foundry fac
ings, dynamite. paper. toilet powder.
leather lubricators and soap. The
soapstone. not powdered. Is used In
the manufacture OF hearth-stones,
furnace Innings. laboratory tables,
laundry tubs. ovens. foot warmers
and many other articles of everyday
use. Some OF the purer varieties are
manufactured into pencils and gas
tips. the tale suitable for such uses
bringing a higher price than any
other produced IN this country.
BY far the larger number OF tale
and coapstone quarrles are operated
or controlled by the manufacturers.
and only a comparatively small part |
OF the output Is sold in the crude
state. In 1907. however. an unusual |
ly large proportion OF the produc-
ton was sold In the crude condi-
ton. The quantity sold In 1906 |
was 1871 short tons. having an av-
erage value OF s265 per ton; in
1907 the marketed production of
rough or unmannfao,ured soapstone
was 2553S tons. at an average price
II sl.36; so that while the quantity
'old exhibited a gain OF 10,327 short
ons, or about &c per cent. the total
'alue decreased s5712. The average
rice for gtound soapstone was the
anne In 1907 as in 1906, but prices
or manufactured or partially man
ifactured materials were higher
Geological Survey.
Daily capital journal. (Salem, Oregon) 1903-1919, 1908-09-19
COMPROMISES IN MILL
DITCH BRIDGF SUIT

An agreement In the matetr OF tho
railroad bridge over the North Mill
creek ditch was reached yesterday ar
ternoon between the Salem Flourlng
Mills Company aud the Oregon Elee-
tric Company; the injunction snit
filed short time ago viii be with
drawn. and the whole question. as
far as the two corporations are CON
eerned. will be settled out OF court
This Is the program. according "a
the ofticials and attorneys OF the -four
ing mills and the railroad. The pro-
gram, however, iehves the city out OF
consideration, and the agreement was
reached without consulting the city.
The city stil has . motion "a the cir
cult court asking that n be named as
a eo-defendant with the Oregon Elee-
trio In the injunction suit. II the in-
junction suit Is Withdrawn the city
viii have 60 proceed along a new line.
It is the avowsd iatsatlon OF the
mayor aud the majority OF the coun.
oil 90 have the diaeh declared a pub
lie nuisance. ana the beat method u
procedure. under the circumstances.
will probably be determmea at the
next meeting Of tho council
Daily capital journal. (Salem, Oregon) 1903-1919, 1908-09-19
WASHINGTON TAX VALUES
INCREASE 5000, 900, 600
United Press Leased wire)

Olympia, Wash. Sept. 19.-Flg-
ures Just made public by the tax
board of the state OF Washington in
dlcate that the assessed valuations OF
all property In the state this year ag.
gregates 37s4,0OO. 900. an increase
of about 100000, 900 over the coun-
ty board aggregate assessments OF
last year.
Real property is returned this yea
at about $127.000.O00 more value
than in 1907. The tax commissioners
say that good share OF the increase
Is due TO the higher rate at which
timber lands have been valued.
Daily capital journal. (Salem, Oregon) 1903-1919, 1908-09-19
After Electrical Trusts.
urnitcd Press Leased wire.D


New York, Sept. 19.--The Leasing
figures in the electrical world will be
Indicted for forming and maintaining
an unlawfnl trust. if the investigation
by the federal grand jury, which
came to light today. results as reports
say that II will.
President Roosevelt ordered the in
ouiry, which has been conducted
quietly, and was not known to the
public until today. The managers
Of the General Electrical Company
and six other concerns have been sub
jected to the closest examination.
Enough evidence to warrant the in-
dictment of six predominant figures
already is In the hands OF the gran1
Jury, it is said, but II has been deemed
advisable to postpone action, and
take further testimony, pending the
securing of documentary evidence.
II is reported also that there Is
serious delay In pushing the case on
account OF the injury Il might do tho
party In the present campaign.
The matter was brought to the at
tentIon OF the President by Attorney
General Bonaparte. and when Roose-
vek obtained general understand
ing of the alleged facts. he at onne
ordered the federal authorities to
make a most thorough and searching
examination. and follow II up with
vigorous action, II the revelations
should warrant further procedure.
II Is alleged that the six big cleo
trical firms have complete monop-
oily of all the electrical business In
thi' ~ect'on. their interests having
beeN expended into almost all branch
rs e'lied business. II Is further
ha-gei thai the combine has work
ng agreement regarding prices and
ixes aid controls rates, competitors
having been put out o: business.
Daily capital journal. (Salem, Oregon) 1903-1919, 1908-09-19
SHOOTS GIRL AND


4
,o,...' wasnkee. Wis, Sep. !,
holding a posse at bay Al, - -
making a desperate avs, sh
smith, SO years old, was =. ss
down today and placed uSs.a r1r.'''a
on the charge Of having IssI ~. a.
julius Grabow and her dsuss,.. r
ga last night, and at,erss,s ssa's'
nell. eOrse Ds
MRS. Grabow, who was .ho, !
head three times, is dying ~ s.
charged with having gone u [ 49,
bow home and to have 49,, = -
mother and a 14-year-old s.s','
The news of the attack on ~
and girl spread rapidly. 4. Wy
Sheriff Dwinnell went to N.
Smith was waiting for him a. !. y
no WINDOW. The sheriff fan j
is 10 a serious condition.
sfhe shooting Of Sheriff D.,..j
aroused the whole commun,,, I'm, =
posse formed and started Il.
house. Smith. in the meau,,r. \
barricaded the house, closed m 4
windows and doors and by n.
use of his rifle defled arres, NJ
ever the posse came ipto s,.,,
fired, and the men soon resll,ss N
it would be impossible 10 -
him during the night withou, -
persons being killed. AT ss,l,.1
however. the posse surrounds I
house and by a sudden dash ,lo.l
In on Smith. When he saw he vi
be killed he surrendered. /
The posse found Mrs. Grabo, !,
conscious, and there is no hone Nj.
ever for her. The little girl va. !,
en- attention, and II is believed M
she will recover.
Smith was sullen and ugly when
gave himself up, and refused 10 N.
any statement to the authorize.
Daily capital journal. (Salem, Oregon) 1903-1919, 1908-09-19
DIED.

FIsHhuRN At the Salem hospital.
az s's0 saturday morning. sep,em-
her 10, isoS, OF quick eonsump-
tlon, Austin Fishhurn.
The funeral services win be held
az his mothers residence ON North
Commercial street. az 2ss0 tomorrow
Sunday afternoon. lnterment In City
View cemetery.
Daily capital journal. (Salem, Oregon) 1903-1919, 1908-09-19

The well balanced man feeds
well balanced ration. works a well
balanced farm. and has a well bal
aneed hank account.
Daily capital journal. (Salem, Oregon) 1903-1919, 1908-09-19

The Grants Pass council has passed
an ordinance prohibiting the sale Of
any fruits which are not clean. free
from worms and in a healthy eondl-
tiOn.
Daily capital journal. (Salem, Oregon) 1903-1919, 1908-09-19
RRycE TO RRrlRR
AS AMBASSADOR


tunited Press Leesed Wire,
London, Sept. ls.-James Rryee's
retirement from the British embassy
Al Washington is expected here TO
follow speedily the inauguration OF
President Roosevelt's successor at the
White House.
Daily capital journal. (Salem, Oregon) 1903-1919, 1908-09-19

violialst. has resumed teaching.
aud viii receive pupils In violin aud
ensemble playing Monday of each
week, al the residence Of M. p, Bald
win. foot ot Court street, Phone
iiss. s-is-st
Daily capital journal. (Salem, Oregon) 1903-1919, 1908-09-19

Miss Lillian HardwIck, OF this city
has gone to Lebanon 20 begin her du-
ties in the schools OF that place. as
primary teacher.
Daily capital journal. (Salem, Oregon) 1903-1919, 1908-09-19

Several Roseburg business men
who have been accused OF violating
the sunday closing law. have re-
esivsd threatening letters signed ''TAe
League"
Daily capital journal. (Salem, Oregon) 1903-1919, 1908-09-19

A splendid university library table,
about bxi2 In sise. for sale cheap. O,
L. MePeek. l70 South Commercial
street.
Daily capital journal. (Salem, Oregon) 1903-1919, 1908-09-19

An attachment has been issued
against Booth a Company. packers at
Astoria. for about sif. zoe.
Daily capital journal. (Salem, Oregon) 1903-1919, 1908-09-19
I Have For Sale

A splendid university library table.
about 5xi2 In size, for sale cheap. o.
u. McPeek, no South Commercial
street.