davidaulloa/AmericanStories huggingface dataset:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-08-13
NEW TRIAL ovERRuLEp
In Case Against Lewiston Corporation
Breach of Contract Case.

rescript handed down Thursday by
Judge Savage overrules the motion for
a new trial in the AndroscOggin coun-
ty case of w. .. Horne ct al. VS.. Bates
Street Shirt CO, involving modification
of contract. A rescript was also handed
down overruling exceptions in the
Cumbe rland county breach of contract
case of Fannie E. Weymouth VS..
Charles F.. Goodwin. The rescripts are
as follows:
w. o. Horne ct al, VS.. Bates Street
Shirt Co.
Rescript by Savage. ]. (No opinion).
The court is of the opinion that if,
as the plaintiffs claim, the defendant
tract between them, and to accept
standard goods of the grades and pat
terms contracted for. as performance
of the contract. and if the goods We're
inspected as agreed, and only such
standard goods were shipped to the de-
PENDANT. the defendant was bound on
| its part to accept such goods, even
| though they may not have been pre-
cisely alike in texture, to the original
samples, and even though they had
such imperfections as are ordinarily
! incident to the manufacture of stand
ard goods.
| Whether there was such a modifica-
ton Of the contract was submitted to
the jury, and they, in effect, decided
that there was. If the finding of the
jury upon this question was warrant
ed by the evidence, then the verdict
for the plaintiff is sustainable; other
| wise not
TIL" testimony was conflicting. The
claim of each side is supported more
or less by correspondence and conduct
but by none that seems TO be decisive
either way. There seems to have been
nothing about the case or the parties
to create prejudice against the de-
fondnnt. in the minds of the jury. II
the jury believed the plaintiff who tes-
titled, and his witness, their verdict
was justified. We cannot say that it has
been made clearly to appear that the
verdict is wrong, and in such case, a
motion for new trial cannot be grant
ed.
| Motion for new trial overruled
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-08-13
KEEP LOOKING YOUNG. Do net
aIloxv YOUR uray hairs to make you
old iookinu. Gray haired people are
hack numbers. Do not be one.
The use Of
Hays
Hair Health

sri cHIor 10 uray or faded hair, mo-
matter hovv old vow are. VIII keep
Won iOnklnu young, feeling young.
Will give you beautiful head Oh hsiF
start usinu IL NOW .rd BE YOUNG
IS NOT A DYE.
81 and Soc. bottles, ut 0fuQOt0tg. :,
Send &c for book. 1.-THE Care Of the hair."
PhilO Hay Spec. Co.. Newark. ~. !.
MURPHY: BoWDITCH E. WEB
STER: COUGHLiN: THOS. P. KEN
NEY, EAST SIDE: GARDINER:-
BEANE'S DRUG STORE: WARD
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-08-13
AUGUSTA LODGE DIRECTORY
ODD FELLOWS HALL.

ASYLUM LODGE NO. 70. REGULAR
meeting Friday evening at 5 o'clock.
q d. w. LOVEJOY, N. G.
r. H. BROWN, SEC.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-08-13

JEPHTHA ENcAMPMENT, NO.
Meetings at s o'clock every second and
fourth Tuesday.
o. F.. FARNHAM c. p.
G. w. MERRILL. Scribe.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-08-13

CANTON AUGUSTA, NO. 9 p. NJ
Regular meeting every third Tuesday at
o'clock.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-08-13

VIM. p. TABER. Capt
JOHN f. KELLER, Clerk.
Arizona republican., 1909-04-03
Plans Outlined by the Board
 of Trade
A PICNIC DINNER SATURDAY
To Which the Tempe Peo- pie In Particular and the Public In General Is Invited.

Next Saturday is going to be one of the greatest days in the history of Tempe. This fact was brought to light at a meeting of the board of trade Thursday evening. At this meet ing a number of matters of passing importance were discussed but little attention to them will be paid in this story. The purpose of this article will be to outline d plan that was adopted by the board Thursday evening and to enlarge upon the opening statement of this article.
 Since the organization of the board of trade that body has acted as the mouthpiece of the town and surround ing country, so to speak. In so doing. from half a dozen to ten men have acted as the representatives of the whole community They have in all matters exercised thelr best judgment. but it is desired that the entire com working men and business men-geth together for a couple of hours at some date in the near future and talk things over fin an informal way.
 IL was decided by the board that no better method of getting the people to- gether could be found than by having a picnic dinner to which the people of the Tempe district in particular, and the public in general, be invited: more than that even, be urged to come. A consisting of w. F. Geach. w. H. Wilbur and F. w. Griffen was
Arizona republican., 1909-04-03

between the Lukin store and the Farmers and Merchants bank This completes the work on Fifth street and gives a cement walk on both sides for the better part of three blocks.
 Fred s. Berry, who has been spend- ing the winter here. left last evening for Texas. Mrs. Berry will remain in Tempe for a while yet
 w. J. Kingsbury returned yesterday morning from a business trip to Los Angeles.
 The Normal baseball team departed Thursday evening for Tucson, where it will play two games with the Uni versity of Arizona team
 Jose Gregg and Earl Steel returned yesterday morning from Yuma. where they took in the celebration.
Arizona republican., 1909-04-03

appointed to take the matter. in charge and bring it to d successful conclusion.
 The committee is willing and anx- iOus to make the affair bowling sue cess and with that in view is going to ask the Tempe people to lend lib- eral hand and join in the spirit of the occasion. Briefly. what the committee has decided to do is outlined as fol- lows. but any suggestions which will result in a bigger and better success will be gladly received by the com mittee. This committee has decided upon a public picnic next Saturday at the Tempe public school grounds. It is expected that every rancher and every business man in the Tempe dis trict. together with his family and his friends. will attend. Each family is asked to bring a basket dinner; the board of trade will see to supplying the tables. and in addition will have on hand a bountiful supply of coffee. cream, sugar. pickles and bread. The idea will be to get the people together. have a big spread and, following it. talk over in an informal way num- Der of matters that relate to the up- building of the Tempe district. Half a dozen prominent residents will be asked to prepare short addresses on timely topics, and a general discussion of ways and means for making the Tempe district all that nature and the present circumstances intend it, will follow II will be a promotion party in other words, and everyone is urged to forget business for a couple of hours on that date and join in the will be made to have all the business houses close for two hours. say from 12:30 until 2:30, in order that every one may participate in the dinner
 The board of trade is anxious that the farmers come in and express their opinion on various matters that will be brought up which relate to the bet terment of this section of the valley, and through the medium of this dinner. the opportunity is offered the Tempe people as a whole to come together for a couple of hours in a social way. enjoy a good dinner and spend the time to an excellent advantage.
 From day to day during the coming week the details of the affair will be made public. but just now it will be well for everyone to begin prepara- tions for the occasion and make no plans that will conflict with the pro- motion picnic dinner next Saturday.
Arizona republican., 1909-04-03
NEWS NOTES.

Mrs. w. H. E,asterwood returned yes terday morning from Yuma, where she has been visiting her daughter for a few days.
 owen T. Smith, a relative of the Vanderwalkers. arrived here yesterday from Cochise county and is looking up location.
 Salt river has been higher than usual for the past few days and has been above fording at all of the crossings.
 Gregg & Britton. the cement con tractors, yesterday finished tine walk
Arizona republican., 1909-04-03

Additional Tempe News on Page 6.)
The searchlight. [volume] (Culbertson, Mont.) 1902-current, 1909-05-28
BIG Loss BY FIRE
IN MINNEAPOLIS
New England Furniture and
Carpet Company Sustains
100000 Damage.
CROSSED WIRES THE CAUSE

Minneapolis. May %. - Water and
smoke resulting from a small blaze
damaged the stock and building of the
New England Furniture and Carpet
company approximately from $4,000
to $4,000 last night.
The fire originated in what is
known as the Panorama part of the
building, on the third floor, supposed
ly from crossed wires. and was diseov-
cred by Ray Randall. who, with other
employees, was working on that floor.
Tie flames crept to the fourth floor.
and for a time it looked as though a
spectacular blaze would result.
The fire department. however, sue
ceeded In keeping it under control.
Explosion Is Feared.
The flames were hidden and for
two hours the fire fight continued
Smoke was pouring heavily from the
structure and Chief ]. r. Canterbury
gave orders to look out for an explo-
sion. This, however. was avoided.
On the third and fourth floors Of
the Panorama building, where most
Of the damage was caused. were
stored duplicate furniture, duplicate
carpets. Oriental rugs and crockery
stocks. The drapery rooms were on
this floor. and in this department and
the Oriental rug department the loss
was heavy.
The first and second floors also
were badly damaged by smoke and
water. On these floors were located
the kitchen furniture, china. silver
ware, glassware, art, bicycle. hotel
Quitting and talking machine depart
ments.
The searchlight. [volume] (Culbertson, Mont.) 1902-current, 1909-05-28
GOOD PRICES FOR WOOL.
Clips Are Selling for % and % Cents
Around Fort Benton.

Wool growers in the vicinity Of Fort
Benton are getting good offers for
their 1909 clips, as compared with
prices last year. Many large outfits
will store large part of their wool
with the Chicago Warehouse compa-
ny. and all are holding out for better
prices.
The Northwestern Live Stock com,
pany sold $4,000 pounds of its clip for
% cents pound. The Benton Sheep
company has concentrated its wool at
% cents. Other sales of large clips
brought 81 and 22 cents. The North.
western Live Stock company expects
TO have about 10000 pounds to ship to
Chicago for storage.
While the weather has been rather
cold and the spring Is a backward one.
there have been no storms that have
caused losses of lambs and larger
percentage than usual is being saved.
The searchlight. [volume] (Culbertson, Mont.) 1902-current, 1909-05-28
+ NORTHWEST NEWS !
10 TEST PORK BARRE" BILL
Senator Cooke Employs Counsel TO En-
join State Auditor From Issuing
Warrants.

st. Paul. May 25. - The constitu.
tionality Of the 100000 pork bar
REL bill authorized by the last Min
nesota legislature is to be tested in
the courts. Senator l. o. Cooke of
Wabasha county has employed w. B.
Douglas, former attorney general and
former state supreme court justice.
to bring an action to restrain S. G.
iverhon. state auditor, from issuing
warrants under the provisions Of the
pork barrel" bill. The case will be
filed in the Ramsey county courts at
once.
The 1909 pork barrel bill. prepar-
ed by the good roads committees of
the house and senate, appropriated
100000 out of the state revenue fund
and scattered 1t over the state for
the purpose of building bridges and
improving" roads. An analysis of
the bill showed that the measure ap.
propriated state money for the i'm.
provement OF city and village streets
and the building of bridges within
corporate limits. The pork barrel'
is biennial affair and although 1t ap-
propriates money to be spent entirely
without state supervision it has been
defended on the ground that 1t gives
the farmer his only dip" into the
state treasury.
TIE constititionality of the pork
barrel" will be tested on two grounds.
In the first place IL will be urged that
1t is in violation Of section 55. article
tx. of the constitution. and In the
second place that It is contrary to the
constitutional amendment of 1898,
known as the good roads amend
ment"
The searchlight. [volume] (Culbertson, Mont.) 1902-current, 1909-05-28
MISSING OFFICIAL RETURNS.
Minot Man, Temporarily Deranged,
Wanders About on Prairies.

SNSS1s WI
Minot. n. D., May 23.-Incoherently
muttering - account of his wander
ing over the prairies for the last three
days and nlastered with mud. Duncan
Cameron. the city treasurer of Minot,
who has been missing. staggered into
his home in this city at o'clock yes
terday morning, exhausted by his
strange experience and the incident
exposure.
Overcome with worry caused by
overwork and trouble concerning the
balance OF his accounts with the city
and school district. his mind became
temporarily affected. 1t is said, and
he had fed from the burden. Twenty
miles down the river he had roamed
over the prairies until the memory OF
his loved ones turned his footsteps
homeward. He is now under the care
of physician.
Cameron's friends express conf
dence that he will be able to explain
the alleged shortage of sl.556 in his
accounts with the city. and friends
are ready to make ii good.
The searchlight. [volume] (Culbertson, Mont.) 1902-current, 1909-05-28
Creditors Start Investigation Of
Mystery Of Failure Of
Curb Brokers.
GO ON TRAIL OF +. A. HtINzt
Startling Testimony Expected When He
Goes on Stand in Bankruptcy
Court.

New York. May 23.-Creditors Of
NJ. Rothenberger & Co. organized yes.
terday and elected a committee to act
In harmony with the receiver to elu.
cidate the mystery surrounding the
failure OF the curb brokerage firm.
The members OF this committe are
A. J. kohn, Harry Ashmore and II. @.
Einstein. They believe that the in.
vestigat!on will reveal a condition OF
affairs similar TO that disclosed in the
notorious Monroe & Monroe case,
when 1t was found that men high UP
In the financial world were the real
hackers OF that concern.
Moritz Rosenberger and his part
ners were examined yesterday before
the receiver. Peter Alexander. Some
most interesting testimony in respect
to the dealings between F. Augustus
Hcinze, David Lamar and the bank.
rupt firm was given. As result the
testimony that Heinze and Lamar
may give before the United States
commissioner in bankruptcy II rlgidly
examined is expected to be of most
oSA1 SiiaI 6GtCG.
Some High Finance Tricks.
Developments yesterday Indicate
that Rothenbergcr was more sinned
against than SHINING. SO far as his fol.
lowers were concerned. It was learn.
ed that the operations of the persons
interested in advancing the price of
Ohio copper stock extended across the
continent, from Boston to Salt Lake
and the Pacific coast.
1t is not at all unusual, 1t was said,
for persons who have In their vaults
large blocks of stock on which banks
will not loan, to jucgle the securities
through a number of brokers, and,
washing up the price, obtain large
loans of them in that way.
The bankrupt firm of Tracy & Co.
and two other stock exchange houses
were employed in the 'ring around
the roses" game that 1t Is alleged was
played in connection with the Ohio
copper boom.
Bankrupts Are Indicted.
Ennis and Stoppani, tho bankrupt
stock and grain brokers of this city,
have been indicted for grand larceny.
Warrants for their arrest were issued
and yesterday their attorneys agreed
to surrender them for pleading. The
indictments were found by the grand
jury OF Orange county. New York.
The searchlight. [volume] (Culbertson, Mont.) 1902-current, 1909-05-28

the United States" he said. 1.-THE
news was given me in confidence.
Now that 1t has come out | see no
reason to deny it. Judge Elliott is to
be appointed to Judge Wizards place
in the Philippines, and when he re.
signs from the state supreme court |
shall appoint Thomas ID. O'Drien to
that place. The vacancy may not oc.
cur for several weeks, but have con.
suited Mr.. O'Brien. have his accept.
ance and have informed him that !
will appoint him."
How Change Occurs.
The proposed judicial shift Gomez
from the appointment of Judge
Charles A. Willard of Minneapolis as
United States district Judge for Min.
nesota. Judge Willard has been serv.
ing as associate justice of the su.
preme court of the Philippines. Judge
Elliott was formerly on the Hennepin
district bench, but has been a SUI.
preme court justice since 1905. His
term expires next year.
T. d. O'Brien was associated with
the state administration as insurance
commissioner. He resigned to go into
private practice with r. A., Stone, and
was retained as special counsel for
the state in the railroad rate injnnc.
ton cases. Since L. T. Young's re.
tirement, as attorney general he and
Mr.. o'Brien have been actively In
charge of the prolonged hearings Of
these cases.
The salary of supreme court jus
tees in Minnesota is $1,000. while the
federal judgeship in the Philippines
pays $4,000.
The searchlight. [volume] (Culbertson, Mont.) 1902-current, 1909-05-28
SWEDEN.

The May-day demonstrations OF the
labor unions were not as prominent
this year as In years gone by. This
was due to indifference on the part of
members. and In part to unfayorable
weather.
The prize contest for the naming of
the new restaurant at Stockholm has
attracted a great deal OF attention.
Over 1000 have already sent In names.
The prize for the name finally chosen
u 200 crowns.
The learning Of German Is to be en-
couraged among railway employees.
The railway department has recently
taken measures to give conductors
and others an opportunity to acquire
the language.
The police conhscated the issue of
the Orsbro Courier In which was
printed the article from Storm Klock-
an, entitled An Open Letter to Hinke
Bsrgsson." The article In question Il
considered On incentive toward the
breaking Of the peace. and was there
lore suppressed.
The searchlight. [volume] (Culbertson, Mont.) 1902-current, 1909-05-28
MONTANA NEWS
ST. PAUL ROAD FIRST TO FILE.

Surveyors Of Two Roads Rush Work
to Canadian Boundary.
The contest so strenuously waged
between surveying crews of the st.
Paul and Great Northern railways has
drawn to a close with the filing at
kalispell of final maps of definite To-
cation covering the remaining dis
lance to the international boundary.
The St. Paul filed its map fifty min
utes ahead of the Great Northern.
Throughout the contest It has main
tanned the lead and now claims TO
have a route secured from Coral.
along the North Fork river. to the Ca
madam boundary, distance of over
torty-five miles.
Reports say that the last few miles
saw the liveliest struggle yet, II APP
pearing doubtful which road would
gain first choice. In places the maps
show the lines as following the same
course. and at many points they cross
or continue side by side.
The contest will now shift TO the
courts. where condemnation suits in
stituted by both sides will be thresh-
ed out. The first Great Northern
summons is returnable May 20. and
the first st. Paul suit will probably
open the 3ist. Since 1t IL probable
that construction work will not be.
gin until all litigation is settled. fur
Their progress OF Importance may be
Indefinitely postponed.
The searchlight. [volume] (Culbertson, Mont.) 1902-current, 1909-05-28
PICKS O'BRI[N FOR
SUPREME BENCH
Former State Insurance Com.
missioner Will Succeed
Justice Elliott.
ELLIOTT GOES TO PHILIPPINES

st. Paul, May Gov. johnson an.
nounced yesterday that. with the I'M
derstanding that Judge Charles B. FL.
lott OF the Minnesota supreme court
Is to be Judge Charles A. Wizards
successor on the supreme bench of the
Philippine islands. he has selected
Thomas d. O'Brien of st. Paul for the
resulting vacancy.
No Official report OF Jrdge Elliott's
selection is given out. He himself de.
clined yesterday to discuss it, saying
that all information must come from
Washington. The story comes from
unofficial sources there. but was con.
firmed by Gov. Johnson yesterday.
My informant was the president OF
The searchlight. [volume] (Culbertson, Mont.) 1902-current, 1909-05-28
Tive Saloons EnIoIned,

Marshalltown. Iowa, May 23.-What
II declared to be tho entering wedge
against the saloons Of this city was
entered. when Judge Parker. In the
district court issued injunctions
against the owners of two North First
street saloons. entoining them from
selling liquor. In court this morning
the saloon mems attorneys admitted to
enough facts In both cases to warrant
Jxdgs Parker in issuing the injunc-
tons without Q hearing Of the casss.
The searchlight. [volume] (Culbertson, Mont.) 1902-current, 1909-05-28
Search River for Treasurer.

Minot. n. d., Specia. - Fears are
entertained that City Treasurer d.
Cameron. who is alleged to have been
short $500 In his accounts. may have
persisted In the river. The police are
looking for his body.
Cameron was also assistant cashier
of the Minot State bank. but the pres
ident says his bank accounts are
straight.
Mrs. Cameron Is Frustrated with
grief over her husbands disappear
ance and alleged defalcation.
The searchlight. [volume] (Culbertson, Mont.) 1902-current, 1909-05-28
Water Supply for Fort.

Following the action OF congress In
making an appropriation for securing
an additional water supply at Fort
Harrison. the money being available
July /, Capt. Beltram T. Clayton of
the quartermaster's department OF the
army and +. II. Humphreys are In
Helena for the purpose of making an
examination of the different supplies
for the fort. A hundred thousand dol.
lars il available for the supply.
The searchlight. [volume] (Culbertson, Mont.) 1902-current, 1909-05-28
GLORIOUS FOURTH FOR DANE.

Naturalized Americans to Celebrate
Independence Day In Denmark.
Copenhagen. May 23-The Danish
crown prince has acceptsS an invita-
ton to attend the Danish.American
reunion at Aarhus on July I.
Premier Neergaard also will be
present. and about 1000 Danish-Amsr.
leans are expected.
This is the first time that an At
tempt has been made to have q
Fourth of July celebration In a for
sign country conducted by natural.
lied American citizens descended
from that country,