davidaulloa/AmericanStories huggingface dataset:
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1909-02-03
VETERINARY SURGEONS

DR. j. L. MURRAY, GRADUATE
Veterinary Surgeon and Dentist
Graduate American Veterinary Col
lege. New York City, 1881. Office, o.
K. Feed Barn, 210 e. Main ST. phone
Main 81, Walla Walla, Wash.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1909-02-03
MESSENGER SERVICE

INDEPENDENT MESSENGER SER
vice open day and night. Tray calls
speciality. Parcels delivered to any
part OF the city. Satisfaction guaran
iced. Phone Main 100 A. Gassman
1O1 E. Main street.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1909-02-03

THIRD FLOOR.
RAIDER & BARKER, ATTORNEYS
and Counsellors at Law Phone ia
Rooms, 313, 314, 315, 316.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1909-02-03

Democratic Jubilee.
INDIANAPOLIS, Ind, Feb. 3.-Dem-
ocratic editors of Indiana will hold
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1909-02-03

nR- A. E. BRADEN, PHYSICIAN AND
Surgeon. 304 to 307, Ransom Bldg
Office Phone, Main 1443; Residence
Phone, Main 1444, Walla Walla, Wr
FOURTH FLOOR.
WEATHER BUREAU-ROOMS 412
f' John Grover, Observer. Tele
phone, Main 514.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1909-02-03

SECOND FLOOR.
E. d. MATTINSON, LOANS, INSJTR-
ance- Surety 2opds, Notary Public
Rooms, 206-207. Phone, Main $50
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1909-02-03
WEATHER FORECAST

Walla Walla and vicinity: Rain o
snow tonight and Thursday; colder to
night.
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1909-02-03

24OO ACRE STOCK FARM CLOSE TO
railroad; 300 tillable; 80 acres
meadow; good buildings; $3.50 Der
acre. Good terms
The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1909-02-03

A good livery stable in Waitsburg
rented for five years at $50 per month;
to trade for Walla Walla property.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-11-20
A Nation Of Borrowers.

Zanzibar appears. from a consular
report, to be a place of universal Dor
rowing. Neither the Arab nor the
Swahili.'' says the report. "has the
slightest idea Of thrift. The former.
when he has sold his cloves. immedi-
ately spends the proceeds in entertain
ing or in the purchase Of European
articles for which he has little or no
use. He then mortgages his property
at ruinous rate Of interest or sells
his next years crop in advance at a
price which would hardly pay for its
harvesting. with the inevitable result
that be is always up TO his eyes In
debt. The SwahilI. If he happens to
be out Of debt at the beginning Of the
month. spends all his pay within q
few days, in food or native dances and
has to beg. borrow or steal sufficient
to maintain himself for the rest of the
month. The money lender is in both
cases the Indian, and the interest
which be charges varies from 80 up to.
800 per cent"
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-11-20
WHITEWASHING COAL.
Not Done For the Sake Of Neatness,
but to Prevent Thefts.

Not Done For the Sake Of Neatness,
but to Prevent Thefts.
Persons who have been somewhat
astonished by having whitewashed
coal delivered to them will be inter-
ested to know that the withdrawing
is not done to improve the appearance
or to increase the burning qualities.
The treatment neither improves nor
harms the fuel.
1t is detective scheme on the part
of the railroads to locate and to pre-
vent theft Of the coal as it is hauled
from the mines to the consumer.
These depredations amount to thou
sands Of tons annually. and the rail-
roads are the sufferers, as It is up to
them to deliver as many tons at their
destination. often a thousand miles
away. as were weighed in when the
car was turned over for transportation.
Two or three tons may be removed
from q carload containing forty tons
without attracting attention to its de-
creased quantity until the car is again
placed on the scales. To locate the
loss. says Popular Mechanics. limewa-
ter is sprayed oyer carload Of coal
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-11-20
DIMINUTIvE FARMS.
The Way Real Estate Is Divided Up In
Portugal.

The Way Real Estate Is Divided Up In
Portugal.
The Portuguese are an extremely
conservative people. Every man fol-
lows rigidIy the methods employed by
his father and forefathers. In very
many parts of the country the Old
wooden plows are still used.
When u man dies, instead Of one Of
the heirs taking the whole property
and paying the remaining heirs for
their parts the whole property Is d.
yided into as many parts as there are
heirs. More than this. each separate
part Of the property is thus divided.
Thus. if the property consists of ten
acres Of pasture land, eighty of vine
yard and ten Of grain land and there
are ten heirs. each heir will receive
one acre each of grain and pasture land
and eight acres Of vineyard. This proc
ess has been going on for very long
time. so that now in the most fertile
part of Portugal the land is divided
into incredibly small portions.
The immediate result Of this. accord
ing to the United States consular re-
ports. is that the product of the land
is barely sufficient at best to sustain
its owners South Of the river Tagrs.
on the other hand. there are enormous
tracts Of excellent land lying unused.
but it has been found Impossible to in
duce the farmers of the north to move
into this region and take up large hold
ings.-Philadelphia Inquirer.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-11-20
Manaainq 4 Servant.

One housewife declares that at last
she has solved the servant problem.
"Formerly l had untold trouble with
my maids" ,she said. They'd do well
for awhile, and then they'd deteriorate
so that simply couldn't keep them.
So bit on this plan: When l noticed
a falling OF In the last maids work
l went into the kitchen and told her
that, in addition to her fixed wages,
she should have 80 cents extra every
week that she did well. When she
was only fairly good I'd give her
quarter. but on the weeks when she
displeased me she'd get nothing. Nine
weeks out Of ten she gets her half dol
lar. 1t pleases her immensely, and |
find the plan well worth while IN the
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-11-20
E. Dalafield Smith, plaintiff and !

E. Dalafield Smith, plaintiff and res
spondent, vs. H. A. Hogue, ct al,
defendants and appellants. .~.'
/. A covenant against incumbranc.
es and covenant of warranty con-
separate and independent covenants
of materially different import and d.
rected to different objects, and there
is no presumption that language qual-
flying one Of these covenants was in
tended to be transferred to or includ-
ed in the other.
2. An express exception, contain
ed only in the covenant against in
cumbrances, in deed to real property
of mortgage upon the land, in the
absence of qualifying words making
the grant of the deed subject to such
incum brances, or making the restric-
ton upon the covenant against in
cumbrances apply also to the coven;
ant of warranty or generally to all
the covenants of the deed, does not
except such mortgage from the cove
nant of warranty. In such case the
covenant of warranty may be regard
ed as full and general and an action
may be main tanned upon it arising
out Of failure of the grantor of the
deed to protect the grantee in quiet
enjoyment of the title conveyed by the
deed, against the mortgage mention
ed in the covenant against incu1n.s
ORANGES as well as any other para.
mount title.
3. The purch ase by warrantor OF
title to real property, Of an incum-
brance covered by his warranty for
amy purpose other than the protection
Of the title conveyed by him and the
assertion by him adversely to the
title of his warrantee of paramount
title based on such incumbrance, is a
breach of the covenant Of warranty.
In equity the title is purchased by him.
to assert the same adversely to the.
title so warranted by him to such
WARRANTED.
4. Plaintiff conveyed title to real
property to defendant by deed
wherein he covenanted that he was
well seized in fee of the lands and
premises aforesaid and had good RICH.
to sell and convey the same in man.
ner and form aforesaid, that the same
are free of incumbrances except a GER,
tain mortgage amounting to $500, in
favor of W., and the above bargained.
and granted lands and premises in
the quiet and peaceable possession
Of the said party Of the second part.
his heirs and assigns, against all per-!
sons lawfully claiming, or to claim
the whole or any part will warrant
and defend" After the delivery OF:
this deed and the payment of the con.
sheraton named therein to plaintiff,
he purchased from w, the mortgage
for $500 mentioned in the covenant
against membranes and brought
action to foreclose the same against
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-11-20
In eSupre11ae Court
Chas. H. Burke, Plaintiff and Respon-
:, dent, VS.. Adam, Scharf, Defendant

Chas. H. Burke, Plaintiff and RespoD-
= dent, VS.. Adam, Scharf, Defendant
and Appellant.
l. The common law doctrine MAX
ing void as against person in pos
session deed of land adversely held
as against the grantor where the
grantor has not been in possession
of the, land or received the rents
year, remains in force in this state,
Galbraith VS.. Payne, IL N. d. 1874 fol-
lowed
2. Section 1913, R. C. 1905, prescrib-
es that it shall be a misdemeanor to
convey a pretended title by person
out of possession not receiving the
rents of the premises for one year.
Deed executed in violation Of that
section are void as to the persons in
possession, and as to them the title
is in the grantor, Notwithstanding
such deed.
8. Under chapter 5, laws Of 1901 4,
an action to determine adverse claims
and to quiet title may be brought by
possession, and the right Of possession
may be determined in such action
and restitution of the possession
may be adjudged in the decree.
4. Under contracts for the purchase
of real estate where possession is
given to the vendee by the vendor,
such possession is that of the vendor
while the contract remains In force
and until it is complied with or re.
pudiated, and such possession is not
adverse to the vendor.
5. While the contract remains in
force and the vendee remains in pos.
session Hereunder, he is estopped
from buying an outstanding title and
tract, and at the same time retain the
possession secured by him by virtue
of the contract.
6. Where an action is brought by
one out of possession against the
vendor and vendee in such contract,
and the plaintiff in that action has
the legal title to the land and con-
veys such legal title to the vendee.
and the action is afterwards dismiss
ed, this does not constitute a con-
structive eviction of the vendee, en-
titling him to retain possession u1-
der the title thus purchased against
the vendor in the contract, as such
deed to him is void and Champer-
tous as against the vendor in posses
sion.
u. Where the holder Of the legal
title to real estate who Is out OF pos
session conveys such title to third
person who is not in possession OF
said real estate and at the same time
said holder of the legal title conveys
to one who is in the legal possession
Of said premises through vendee
holding under a contract for the pur-
chase of the land, ana the deed to
the person not in possession is first
DELIVERED. st id fiist dee: Is void on
account o. the adverse possession Of
tire land as against tn: grantor. and
the SEQ, deed, aft.r its delivery.
I"cor.es effective :;l l conveys the
legal title to the premises.
(Syllabus by the court.)
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-11-20

Appeal from the district court Of
Ramsey county, Cowan, J.
Action to determine adverse claims
and to quiet title. judgment for the
plaintiff. -.>..,...s~5 3 ~. ~, Al 4
I Defendant appeals. \ Y vi : \ I
Affirmed.
Anderson & Traynor and Guy G. H.
Corliss, for appellant. =
Burke, Middaugh & Cuthbert, for
respondent. =.
Opinion by Morgan, G. j., Spalding
and Ellsworth, J. j., concur
Fisk, j., dissenting. Carmody, j.,
partly dissenting. r..
(Syllabus by the court.)
Appeal from the district court of
Stutsman county; E. T. Burke,
Judge.
Action by E. Delafleld against H.
A. Hogue and others, for the fore
closure of mortgage on certain
lands in Stutsman county. Decree of
foreclosure was entered in favor Of
plaintiff and defendant, Hogue, ap'
peals. AZ
Decree reversed and action dismiss.
ed.
John Knauf for appellant.
Harold M Smith for respondent.
Opinion by Ellsworth, J. All con
cur.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-11-20

Application to the supreme court
for writ of mandamus compelling
respondent to proceed with the settle
ment of a statement of the ease. : I
Writ granted. &E lila
!Skulason and Burtness, and F. W..
Amss, for the plaintiff.
Turner and Wright, and Chas.v A.
Lyche, for the respondents. -.
Opinion by Morgan, G. j.. Fisk and
Carmody, concurring; Spalding and
Ellsworth concuring in part. 4
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-11-20
pe1rer service 1t secures me. Ne
York Tribune.
The Poets Woe.

II have always been q reader of
your poetry" began Mrs. Gushe.
Il am glad replied Algernon
Charles Mystic. that some one nnder-
stands me-
"Oh, but that is what | have been
hoping to meet you for. wanted you
to explain. "-Philadelphia North Amer
ican
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-11-20
The Dav of Rest,

And now" said Mr. Fishbsck of
Billville, ..let us he thankful for one
day of rest and get ready for church.
YES" said his wife; run out and
chop some wood and milk the cows
and light the fire and make the coffee
and wash the children while l bang
my hair!"-Atlanta Constitution.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-11-20

In a short time the wafer has evapo-
rated, leaving load of white coal.
Then removal Of any coal leaves big
black spot, which is quickly noticed by
inspectors and station agents and the
leak found and stopped.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-11-20
defendant and his grantee.

defendant and his grantee. - ;5qz
Held, that the mortgage BY plaintiff
was not excepted from the covenant
Of warranty contained in the deed or
a ssumed by defendant, and that the
purchase OF the slime by plaintiff in
ured wholly to the benefit of defend,
ant and plaintiff would not be r.or'
mitted to maintain an action to fore
close the same against the land.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-11-20
A Reproof.

Perent-Willie. my father used to
whip me when l behaved as badly as
you are doing. Willie-Weil. l hope
I'll never have to tell my little boy
that.-Exchange.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-11-20
A Little Awkward.

"Nearsightedness must be very en-
barrassing at times" remarked q
Brooklyn resident to an acquaintance
thus afflicted. 1.-The other morning,
for example. a man addressed me on
a crowded bridge trolley. and In the
course Of conversation he roundly
abused a chap whose political and
business methods he disliked equally.
In fact, he became acuteiy personal
in his denunciation.
Before he left the car he was in
formed by a friend near him that /
was the man he had been abusing. 1t
didn't worry me at all. but It must
have been bit disconcerting for him.
don't you think""-New York Globe.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-11-20
Ole B. futile, plaintiff, VS.. Chas. A.
Pollock, as Judge of the District
GIRLS OF THIS AND FOREIGN

Pollock, as JuuSc1 VI tuc DlotlIS'
GIRLS OF THIS AND FOREIGN
trict, North Dakota, defendant.
1. Mandamus is proper remedy
to compel a trial Judge to settle a
statement Of the case when present.
ed to him in accordance with the facts
and in time. and he refused to settle
it.
2: The supreme court will S'?ttle a
statement of the case when the trial
Judge refuses to settle it in accordance
with the facts under section 1000, R..
c., 1905.
3. Trial courts have wide discre-
ton in granting or refusing extern.
sions of time during which a state
ment of the case may be presented
for settlement, and their actions will
not be disturbed except in eases Of a
plain abuse of such discretion.
a. The discretion to be exercised
in such cases is in reference to the
diligence or delay with which parties
have proceeded and other facts per-
taing to the conduct of the parties
in connection with the appeal.
S. Such discretion is not to be con-
ClOlCu VI AuduC W uCpOAu OA IA0
fact that appellants conduct has not
been conformable to justice or equity
or personal duty in respect to matters
not connected with the appeal.
6. On an appeal by husband from
a decree of divorce against him.
whereby his property was assigned OF
the wife in lieu of permanent alimony,
and he was also decreed to pay fixed
sums as costs and attorneys fees on
the trial in the district court, it is an
abuse of discretion to refuse to settle
a statement OF the case until the
husband makes provision for the sup
port of his wife and children pending
the appeal, in cases where the trial
Judge has lost jurisdiction to make or
order for support, money pending the
appeal for the reason that the defend
ant in that action has perfected an ap-
peal to the, supreme court.
Syllabus by the court.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-11-20

The habit of looking at the best side
Of any event is worth far more than
thousand pounds a year.-Johnson.
Los Angeles herald., 1909-01-01

chapter Of the Sigma M fraternity which
opened yesterday at Chicago. Francis v Kis-
ling Of San Francisco called the session tc
oIder.
BIG CONCERN FAILS.-The Baltimore
Refrigerator and Heating company Of RaIti-
more was placed last night in the hands Of a
receiver. The concern has an authorized cant
tai of $2OO0,000. It defaulted, it is alleged. in
the payment of interest on the coupons which
matured recently
KILLED NEUTRALITY-SUSPICIOUS.. Anna
Major was killed mysteriously last night at her
home in Girard county, near lexington XIV
She was in the midst of a party of nerrymaI-
ms at a family reunion when a pistol cracked
and she fell dead in the center Of the room.
There is no clue to the murderer
NAT GOODWIN AT RENO.-Nat G. Good
win and his bride, accompanied by IA trunks,
arrived at Reno, New, yesterday from New
York Goodwin is to appear in the suit
prought by Warren Miller 10 dissolve the Nat
=. Goodwin Brokerage company Of Reno. The
case is in progress in the district court
TO SUBSTITUTE CoTTON.-In further.
ance OF the campaign for increasing the con-
sumption of cotton, it has been announced that
the directorate of the New Orleans Cotton ex-
change has adopted strong resolutions favor
ing the substitution of cotton for various i'm
ported products used in the manufacture OF
bagging, Irvine, rope, etc.
STUDENT RETURNs-Tbe rigid search
that has been executed to locate Willie r.
Smith, student of the Kentucy state uni
Verslty, who disappeared on September 20 last
came to an end yesterday when the young man
appeared at the home Of his sister in Owens
boro, Ky. He said he had been kidnapped and
kept in cave in Wisconsin.
Y. NJ. C. A. HOLDS COMPLEMENTARY
der the general presidency of George Irving
of Claremont Interuniversity, the Y M. G. A.
conference at Pacific Grove yesterday enthusi-
astically pursued its mornings work, which
is in line with that carried on not only by
some nine similar conferences in this country
and Canada, but throughout the world
EDUCATORS CONTRADICTION wa,
the last day Of the California Teachers con-
vention at San Jose. The meeting of the high
school section in the Normal Training building
subsection meetings in the several rooms Of
the high school building, took place at the
same time. At all of these prominent educa-
tors were present and technical papers were
read.
ROBBERS SECURE S7OO.-The saloon 81
Stringa & Morrelli at San Rafael, Cal, was
entered and robbed early yesterday the burg.
lars gaining entrance through a side window
were filed with dynamite and the safe was
blown open. The booty secured included 500 il
cash. bank book and number of Endorsed
checks. A slot machine was broken open ano
its contents taken.
SENTENCED TO BE HANGED.-Franl
Barker, convicted of the murder of Ira Mes.
singer at Medical Lake, Wash, last July was
sentenced by Judge Hinkleman yesterday 81
Spokane to suffer the death penalty by hang
ing The date of execution was not fixed, PEND.
ing an appeal to the supreme court. Barker
who penniless soldier belonging to the
Third infantry, has received news he has beer
left small fortune By the death OF his father
Los Angeles herald., 1909-01-01
FLOWER SALES
CAUSE FRICTION
STREET VENDORS GET ORDERS
TO MOVE
MYSTERY AS TO WHO RENEWED
HoSTILITIES
Friends OF Nosegay Peddlers Urge
Z That Their Vocation Is an Adver-
tisement for Southern
California

Somebody has given orders to shift
the flower sellers in the retail trade
section of Los Angeles, and it looks
as II the florists war is to break out
again with the new year.
The blow falls heaviest on a number.
OF aged or 1nfirm sellers who, deprived
u lhelr humble means of livelihood,
must seek support as best they can.
II administration circles the story
IS gong around that established flor
ISIS VINO have stores are back of the
protest; but these florists. if is stated
have often remarked that the few doI,
lars taken in by these street sellers
are dollars which would not come to
them at any event. These street sales
are largely made on impulse to pas
sersby who chance to see a bunch of
dlsplayed Violets or carnations that at
tract their fancy, invest, and pass on.
Inc new order is to become effective
January 2, but as most of the sellers
are chary OF publicity, fearing that the
ponce may still further harass them,
the detalls as to who is affected are
not given out.
some OF the dealers have money on
deposit with nearby growers, and are
pound 10 buy certain number IL
ulooHS daily. They will forfeit this
money If the order stands. Others grow
Inelr own plants and cuttings.
mayor A. c. Harper has often said
that these flower sellers are an adver-
t1sement for Los Angeles, lined up al
they are when the rest Of the country
is f1owerless, and as such shon1d re-,
main as an institution for tourists
conference may be called between ths
florists, the sellers and the nolica ~
adjust the trouble.
Los Angeles herald., 1909-01-01
HAMS PARENTS
GIVE TESTIMONY
Continued from Page One,

wept many times during her story, the
defense drew out facts that Hams in
his early life exhibited physical weak
ness, and which counsel will endeavor
to prove through three experts was
4 prediSposing cause to insanity. Gen
eral Hams was permitted to say his
father died from insanity.
Justice Crane directed District At
torney Darrin, whose term of Office ex-
pires tonight, to continue as the prose-
cutor in the case. The direct testimony
of General Hams was in noWiSe shaken
by the long cross-examination.
Justice Crane held the general had
only been permitted on his direct eX-
animation to state what he had told
the captain and what the captain had
told him. General Hams said he never
heard his son Thornton express ami
mostly toward William E. Annis.
Thornton J. Hams will follow his
parents on the stand if present plans
of his counsel are carried out
This has been made necessary to
bring out further facts regarding his
brother, which will be Incorporated into
a hypothetical question put to the
alienists regarding Captain Hams san
ity.
The defendant probably will not take
the stand until Saturday or Monday.
Mr.. Mcintyre, whose illness caused
an adjournment yesterday afternoon,
seemed much improved this morning
and said he believed himself strong
enough to proceed with the case