davidaulloa/AmericanStories huggingface dataset:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-08-14

cation the purchasers Of sand ard
gravel from LaVine's gravel pit ha0
driven their teams over this land, and
in time Of drouth his neighbors had
driven their cattle over it to the wa
ter at the river. until a we'll defined
farm road appeared where the plain
tiff noW claims right of way
1t also appeared that the deed of a
right of way given by Lavinc by virtue
of which the plaintiff claims to have
acquired his right /of way through in
termediate conVCYanceS, was not exc
cuted until more than six months af-
ter the defendants location with the
requisite plan had been duly filed COW
ering the way claimed by the plaintiff
and long after the land was occupied
by the defendant and the roaI con-
structcd and in actual occupation.
1t also auDcarcd that damages fol.
the taking of thc land were not esti-
mated and awarded by the county COM
miesioners under the statute, but ad-
iusted by mutual agreement between
the parties and a quit claim deed Civ
IN 20 tn" defendant by l.avine after the
date Of his deed to the right of way.
Held:
/. That there is no evidence to show
tnat the way claimed by the plaintiff
had been Travelled by the public gener-
ally adversely to the rights of the own
eis of the land, but that on the con-
trary It satisfactorily appears that the
use OF the road had been by permis
sion and Indulgence of the owner, and
that no term of rermissive enjoyment
of such privilege however long contin-
uous, can be adequate 10 create a pre-
scriptiva right.
.. That even if it be assumed that the
plaintiff had a right of way by pre-
scription it would seem from well es-
tablished principles IF law that such
an easment was extinguished when the
defendant took the land covered by its
location as for public uses.
3. That under our law the time for
the taking of land for a railroad loca-
ton as between the owner Of the land
and the railroad company is the time of
the filing of the location as required
by statute, and that upon the payment
within three years of the damages
which constitute just compensation the
title acquired by this exercise of the
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-08-14

This tireman's name" said Mr..
Keene, was Emery Taylor, afterward
killed. When he arrived at Augusta
his face was as black as the SCOT on it.
He went to a grocery store for some
| soap. He suffered somewhat and he
went into the store and started in: I
| Wa-Wa-Wa-Want S-s-s-S-some
so-so-so-soap, Mr.. Johnson You
need it and shall have it, and there is
the river pointing towards it,
| One incident which shows his care
fulness and good judgment occurred
one day while on his regular run. He
had got to Richmond. That was as
| far as he could go by the timetable
over Ga. Train GA was late so he got
an order giving him the right of way
to South Gardiner over ga. The or
der read as follows:
| You Will have the right of way over
GA to South Gardiner. Answer if you
understand this order, and wait for my
reply"
| This order was signed by the super
intendent, Mr.. Lincoln.
| Il answered back" says Mr. Keene
as follows: I understand l am to
cross GA at South Gardiner
| Il waited about five minutes, and
then the following was handed me:
| If you don't understand crossing or
der, stay where you are; | will send Ga
| to Richmond"
| Il was a little hot under the collar
about that, 50 when | got to Augusta
went directly to the office of tho
| superintendent and asked Mr. Lincoln
] # Inrtc o,,1i hat
| crossing order. The order files were
looked over and Mr.. Lincoln at first
denied all knowledge of sending the
latter remark, but there it was. ans
he was pretty we'll worked up about
| it."
| But enough has been told of Mr.
| Keene's active connection with rail-
| road life on beth the head and real
end of a train, and it is now to go tt
| his present work as gate tender al
Rines Hill crossing. Six years ago lasl
| spring he accepted this position, Whic.
| to some people would be a nerve rack
ing one, but Bill" as he is familiarly
[ called, gets everybody by and every
| train along on schedule time He i:
particularly careful about children
He sees that they are safely across
on one occasion Il little girl was going
over the crossing when her foot be-
came caught in the guard rail and the
| harder she pulled to release it the
| tighter it became Wedged. and Mr.
keene had to get something to cut TIL
| tap of the shoe. 1t was near trair
| time and he sent a man down the line
| with a red flag. but the childs foot
was released without injury to herself
or Inconvenience to the railroads
| business.
BY an enactment of the last session
| of the Legislature this crossing will ir
all probability be done away with al
no great distant day. Whatever Mr.
keene may do or where he may go. his
| friends may rest assured that he will
| give satisfaction, and to use his owl
words: Il do the best | can, gentle
| men, as he did when he was gate
| tender at Rines Hill crossing.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-08-14
DRAWN INTO GRAIN CHUTE.
Little Girl Smothered in Her Fathers
Grain Elevator.

Oxford, O., Aug. 13-Marian Davis
aged II years daughter of owen Da
Wis. grain dealer living at College
Corner. Ind, five miles from here. was
smothered to death in her fathers
grain elevator. The little girl, with a
companion, was playing in the elevator
and Marion had climbed into a bin
containing about 500 bushels of wheat.
A large galvanized iron chute connects
with the bottom of the bin and is used
for filling freight ears. EMPLOYEES of
the elevator. not knowing that tina
children We're in the elevator. started
TO load car. Marion was caugh.
when the wheat began to move. and
was dragged into the chute. Her NAV
mate ran downstairs and gave the
alarm, but the child was dead when
taken out
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-08-14
STATE HOUSE.
Railroad CoInmr's. Receive
Petition from -Gui|ford.
Circular from Superintendent
Of Public Schools.
Sheep Are Cheaper Than Deer in
Aroostook County.
STATE HOUSE CALENDAR.
Next Meeting Of Governor and Council
Tuesday, Aug. "a, at $50 A. M.

Announcement was made Friday at
the Office of the Board of Railroad
Commissioners of the receipt of a pc
stition from the municipal officers of the
Il own Of Guilford, asking the approval
zsby the board of the location of high
away crossing over the Bangor & Aroos-
q look Railroad. The petition reads as
bllows:
We, the undersigned, municipal Of
Eers of the town of Guiltord, in the
county of Piscataquis and State of
&Maine, respectfully represent that on
I the twenty-eighth day of June, A. u.
$685. petition was presented to the
municipal officers of said town of
Guilford praying for the location of a
town way as fully appears by the copy
of said petition and order of notice
thereon hereto attached and made
part of this petition. Upon said petit
ton notice was ordered by said munich
pal officers as appears by the copy of
said notice hereto attached.
"On the 31st day of July, A. d. 1909,
the municipal officers met at the sta
ton of the Bangor & AroostoOk Rail-
road Company in said Guilford in ac-
cordance with the order Of notice upon
said petition. At said time and place
said municipal officers heard said pc
titioners and all parties interested in
said town way And now after full
hearing and mature consideration We,
said municipal officers, are satisfied
that common convenience and necessity
require that the town way prayed for
in said petition be laid out and that "a
portion of said town way is through
and across right of way of the Bangor
& ArooStook Railroad Company used
for station purposes. Thereupon in ac-
cordance with the provisions Of Sec
ton 81 of Chapter Is of the Revised
Statutes of Maine we suspended all
further proceedings under said petit
ton.
I'VE therefore do hereby file this pc
ttion with you for your adjudication
thereon, and we do most respectfully
request you to take such action there
on as is in accordance with the laws of
the State of Maine"
State Supt. Smith of the public
schools of Maine is sending out to the
superintendent of schools of the vari-
Gus towns of the State the following
circular calling attention to the pro-
visions of Chapter % of the Public
Laws of 1909:
Augusta, Maine. August 10. 1909
To the Superintendent of Schools:
Your attention is called to Chapter
73 of the Public Laws Of 1909, entitled
IAN Act Relative to the Appointment
of School Physicians
EYE AND EAR TESTS REQUIRED
IN ALL TOWNS.
You will note that Section G of this
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-08-14
Law Court Decision in
Land Damage Suit
Brought Against B. & A. Rail.
road Over Right Of Way.
Verdict Of Jury Excessive In Pen
obscot County Case.

Two important rescripts were hand
ed down Friday by the law court The
rescript drawn by Associate Justice
Whtehouse in the land damage case of
Jonathan Currie VS.. Bangor & Aroos-
took Railroad Co., gives judgment for
the defendant. The rescript by Asso-
ciate Justice Savage in the Penobscot
county case of Lyman w. Lancaster VS..
Everett O. Houlton declares that when
property is damaged by fire through
the negligence of another, the injured
party may recover damages to the eX-
tent only of a fair market value of the
pronertv. The text of the two rescripts
is as follows:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-08-14

right Of eminent domain becomes per
fected and relates back to the time Of
such legal taking.
a. That it is immaterial whether the
damages are estimated by the county
commissioners according to the statute
or agreed upon between the parties
that 1t is competent for the owner of
land to waive the formality of a stat
utory assessment of damages and
WREN he voluntarily accepts a satisfac-
tory amount agreed upon, the constitu-
tlohal guaranty OF a just cOnpensa-
ton is fulfilled, and when all the 9TH
er proceedings for legal condemna-
ton had been duly observed. convey
ancc of the land by the owner for a
public use in consideration of the dam
ages agreed upon, vested in the de
PENDANT the same rights that it would
have acquired by the assessment and
payment of damages according to the
statute. In either event the title be-
comes perfected from the time OF the
taking land by filing the location
). That after legal location Of the
defendants railroad the safety of pub-
lie travel required that the intersec-
ton of any highway or town way with
the Defendants railroad should he IN
der the regulation and control of the
railroad commissioners, and under the
statute farm crossings are made sr,h
Ject to the order OF the county com
missioners; and after such legsl lcca-
ton any attempt of the land owner to
create right of way across it by deed
must be wholly Intellectual.
judgement for the defendant.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-08-14

The old-fashioned
boiling is uncertain
in its action on dis
ease germs. Epi.-
denies of typh old
fever have beer
traced to the min
Cling of clothes in a
washing, done in the
old, boiling manner.
Fels-Naptha soap,
while it is fatal to
germs, contains no
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-08-14
To watervi||e, Me-
AND
RETURN
20 Gents for
Three Minutes
FROM AUGUSTA.

A telephone conversation averages
about 100 words per minute At this
rate the cost per word of a three
minute conversation would be about
1-15th of a cent.
Do you known of quicker or more
economical method of doing business?
Try it today. Ask for the Toll Oper-
ator and she will connect you with
the person wanted.
NEW ENGLAND TELEPHONE AND
TELEGRAPH COMPANY
4. aug14d1t
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-08-14

Lyman w. Lancaster ct al. VS.. Everett
Q. Moulton
Rescript (no opinion) by Savage, J. s
l. Upon the evidence, the verdict of
the jury, to the effect that the plain
tiffs' buildings and other property were
destroyed by fire communicated from
the smokestack of the defendants port
able saw mill, and because of the neg
ligance of the defendant, should be sus-
tanned.
2. When ones property is damaged by
fire, through the negligence of anoth-
er, the injured party may recover dam
ages to the extent of the fair market
Continued on Page Ten)
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-08-14

81 suffered habitually from constipa-
ton. Doan'S ReguletS relieved and
strengthened the bowels, so that they
have been regular ever since. "A. E. Da-
Wis. grocer, Sulphur Springs, Tex.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-08-14

The following corporations have filed
their certificates of organization at the
office of the secretary of State:
The Twitchell Lumber Co. organized
at Lewiston for the purpose of con-
Quoting general lumber business with
$4,000 capital stock, of which $4,000 j.,
paid in. Officers: President, Charles L.
Wilson of Auburn: treasurer. Sidney 5
TWitchell of Milan, N. H. Certificate
filed Aug. Is. 1909.
w. l.. Douglas Co. organized at Port
lahd for the purpose of conducting a
general manufacturing business with
$l,500,000 capital stock, of which $500
is paid in. Officers: President. Burton
Smith of Portland; treasurer, William
NJ. Bradley of Portland. Certificate
filed April IS, 1909.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-08-14

Soothes itching skin. Heals cuts O,
burns without scar. Cures piles. &c.
Zema, salt rheum. any itching. Doan's
Ointment. Your druggist sells it.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-08-14

Feel languid, weak. rundown? Head
ache? Stomach off" ?-Just a plain case
liver and stomach, promotes digestion
purifies the blood.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-08-14
Jonathan Currie VS.. Bangor x ArooS-
took r. r. Co.
RaScript nv WhitehOuSe, j.

Rescript by Whitehouse, j.
In an action to recover damages al
legged to have been sustained on ac-
count of the obstruction by the de-
PENDANT of a right of way which the
plaintiff claimed to have acquired both
by prescription and by deed across the
land covered by the defendants rail-
road location. it appeared that the lana
at the point of the alleged obstruction
was owned by one Lavine at the time
of the location of the railroad, and that
for more than 20 years prior to the To-
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-08-14

Cheapest accident insurance-Dr. Thorn
as Electric Oil Stops the pain and heals
the wound. All druggists sell 1t.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-08-14

substance which will
harm clothes in the
slightest m n n er.
This is a scientific
ally-proven fact. Be
sure and get the gen.
uine Fels-Naptha. 1t
has a red and green
wrapper, with direc-
tons W h i ch you
should follow care
fully.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-08-14
Anty Drudge Visits the School

Seboolteacher-"Why you late, Theodora?'
7heodoru-'Please Miss Brown my mother so busy
stirring the boiling clothes in the washboer that
she couldn't get us our breakfast and dress US in
time.''
Amty Drudge Theodore, you tell your mother to
Fes-Naptha next Monday, and I'll guarantee you'll
be late for school account of the washing"
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-08-14
Good Fellowship
occasionally leads to over-indul-
gence in the good things of the
table. Be good to your stomach.
Right it at once with
Rahn,zY
AW
Sold Everywhere. In boxes 1Oc. and Csc.

Act provides that in all towns of the
State except those having a population
of 10000 or more, eye and ear tests are
leOllired
The Red Cloud chief., 1909-07-22
Order 10 Shsw Cause.

State OF Nebraska. :, M, ,,.,,,,,,,. ,,.,
Webster Ounty. 80 NV '"''' ~ No'''
Ara County Court held al the County
Court room In and for said county Monday
July 18TH \. d., 1909
IS the matter of the estate OF Eliza j.
llidy, Deceased.
ON reading and iiIng the petition Of .. G..
reel tlCd on the 18th day Of July \. H.. 1909
praying for the examination and allowance
Of his final account Of the same date, Il decree
Of assignment OF the lands belonging To said
estate TO the persons entitled to the same, an
order d!Strbutlna the residue OF personal
estate and there upon ma order disrhargIng
him from further burden and service ia his
Aid on "u as administrator.
ORDERED. That Tuesday the 3rd day Of Au-
gust a. 3D. l10J, at one oClocE p. M, Is as
signed for h",.r said petition Whtn am per
sons interested iu said matter may appear nj
County Court lo Hc held IN and l.r said
county ana show cause why uruE,r OF 1,'i-
TONER Should not ho granted. nlid lhgt u.tjgc
of the pvndarc, ofsutd petition and in. hear
ing thereof De -iy,a 10 an person, Interested
i'm said mutt,r, hy publishing copy Of this
order in the Red Cloud Chicf weekly news
paper printed I'm said county, Tor three conse-
cutiyc weeks prior 20 said day Of hearing.
I>TAL. I. ". Ep.u>
County Judge.
The Red Cloud chief., 1909-07-22
NSl!Ce Of sail
~ IuG COUNTY COURT or WEBSTER
COUNTY. NEBRASKA.

~ IuE COUNTY COURT or WEBSTER
COUNTY. NEBRASKA.
Albert ~criyncr, defendant viii takcnntIcc
that on June 2lth, 1913 the County Judge Of
Webster County, Nebraska issued an. order
Of attachment FOR the sum OF SJ6.5G and in.
tcrCst from February I, 1893, in an action
pending before him wherein Elmer H. Fogg
is plaintih and said Albert Scryncr is defend
ant, and that property OF the defendant con
sIstlng Of money on deposit and due To the
defendant from the Bank of lnavale IN said
County, has been attached and taken by
garnishment process under said order in n
sufficient sum to pay said claim and the
probable costs OF the action, not exceeding
$50.
said cause was continued to August 18th,
1909 At one O'Clock T.. NJ,
dated Iuly ., 1909.
EINiER T.. foGG, Plaintiff.
l.. IL. lIlacklcdge, Attorney.
The Red Cloud chief., 1909-07-22

state OF Nebraska : I'm Cnirut,. ronrt
webster County I
Ar "a County Court held at tho County
Court room In aud for said county Friday
Judy olh y. D- 1904.
Is the matter of ,hc estate OF lunn y.
Thompson, nccousvd.
uN reading and nllug tH, petition OF Ipof
%, Thompson Med ON The 2lh day of July
y. D." 1909, praying for the examination and
allowance OF his dual account OF the same
date decree Of assignment OF thc land, be.
longing 10 said estate to sus, persons entitled
to the same, an order didrlkSung hprusiduc
ui personal estate and there upon nm order
diNchorging him frSN further burd,n and
service tu iis said oAice rs administrator,
ORDERED, THAT "Wednesday The an day OF
August \. u, 1900, al one oclucb y. m, Is as
signed for hearing said petition when an per-
SONS interested I'M said matter may appear 40
a County court tn hy held Ban and Tor said
county and show cause why prayer Of petit
toner should not be granted; and that
notice OF the pendency ol said petition and
the hearing thereof be given 10 all persons
interested in said matter, by publishing Il
copy OF this order i'm the He'd Cloud ChieL n
weekly newspaper printed In said county,
Tor three consecutive weeks prior TO said day
OF hearing.
SEAL !. W. EDISON
County Judge.
The Red Cloud chief., 1909-07-22
d. 81 Referees Sale Ct =. al altats'

lE3..' ~ &GlG!aGS sale 6. e q hlidtG
-..... u.t'lH eI..., .r, ug VIRTUE
%. ... ..rn. n.Hur. uoar. %. ,u, rou,h
Ja'.". ".ir,.. uouI lYt rraus,ucomly.
y ''a $3.50. uaJ.aul nutD.,f .u ..ld court ,u
thc'ln 'aN CD, Ia.p 4. %. l.J' iu certain
action therein p,udlnu wherein Frank T..
Martin Charlie, N.MartIa. B,rcN. Lambert.
Arthur c. Martin, Iiiztc e.. UpIm-cr and
Myrtle T.. Martin are plaiutiiHa, aud William
Martin. john u. Martin, Stella ~. Martin,
Clarence Be-. Marlin, Martina =. Martin, Win
nic NJ Martin, Frances Martin. Lewis Lam
h'rl and Joseph NJ. uplingcr. are dctcndau's
for the partition OF thc following described
rcal estate situated in FrauElm county, Ne
hra>ku, 10 witt
The West Han Uy ~. and mo North East
Quarter, ne l-r Of section twenty-five,
~, in Township Two b Nor h. Of Rance
Thirteen, 40 West of tine Gih Principal
Meridian and the following described
real estate, situated IN Webster county. Ne
brrska, To wit,
The Norlh Yves, quarter of section
thirty rio in Township TWO, y, Norrh,
OF Range twelve, M West OF the eth
Principal Meridian. containing IN al $40
acres, more or less. according 80 Govern
mcul survey,
And which said decree directed the under.
| signed referees IN said cause To sell said real
estate At public sale rs upon cNrcutl u, with
out appraissmcnt.
Now THEREFORE,, we, the said referees,
Will, on Monday, the 9TH day OF August, 1909,
| nj the hour OF two O'Clock T.. NJ, OF said day,
AT the residence OF Martha i. Martin situated
upon the south East Quarter Of section p
In township . range II, Franklin county, Ne.
! hraska sell said real estate tn the highest
bidder or bidders, upon the following terms
and conditions, To wit;-OnC-half cash In
hand. and onc-half In three years, with inter.
est nj SIX per cent per anuum, payable an
nually, secured by Il mortgage upon the pre-
misses So sold. The sale Will be held open one
hour Each quartCrscction OF land viii he
oucrci separately and bids viii also ho re-
cciycd upon the whoI, tract MS above de-
scribcd.
Dated this 9Th day of July, laD.
Randolph &. kThhrIl,I p.r.r,.y
Clarence II, waldo.
NrC Dorsey. ATTORNEY Mss
The evening world. [volume] (New York, N.Y.) 1887-1931, 1909-02-22
THOUGHT HE HEARD
TALK Of BIG THEFT
Mlausen Called a Policeman,
Caused and Arrest, but
Gems" Were Fakes.

August Clausen OF M Vast Tvsn.
ty-eighth street stationary aronar
turned detective last ,igh, while
strolllng along Sixth ave,us ri, ,ns.
piclons were aroused nv the action o,
three men who wsre STANDING q, ,bs
corner OF Tw.ntv.eipbth s,reat cl,ussr
caused the arres, Of William Cuerin a
subway ttcket chonnar who u.s ar.
-, ~.
'"'sneu quay pe!ore Magistrate 3ariow
in the Iorkville Court.
ut was this way" said CLANS, tn
ua,,,.,,a,. po.,,u. g, ,a -.
""s's"a'e pa'.o"' was soihs along
the street and | saw this man and two
others standing together. As nnssed
I haord an, ~, ,ho a,ha. ,.,,.r 49,.
"ea'u ''e VI '''e o'ne' ie"oNs Sd! :
This Is stolen tewelry and III sell It
to you cheap. out you want to keep
mum, Dor,, ia, on. an, Lro,,, 49,
"'.'''' oA 'et any o'' A"o" where
you got II. | knew that htere must
have been a big robbery for they had
Ia, y, i.na,ry /, ,hair ,,a. O.
~, " 'e".,'s :" '''e. "anus' "o
called pohceman and had the man
arrested"
Policeman c,earv y, tho Eas, rb,-,,-
The evening world. [volume] (New York, N.Y.) 1887-1931, 1909-02-22
LOU/5E 5ESOLD,.
TO SMOTHER
BOY STABBER'S CASE
Father of Young Victim Says
Influence Was Used to
Avert Hearing.

Ono n, tbe mos, ,nnor,,rt c,sss ,,a,
c,',, W.. ''S. ".pV' '"", 'a'' '''",
'"e 'h"ureh court mas oeeh caiIed
upon to handle since It was inaugu-
rated will be called tomorrow morning
when th,rteen.vear-ola bov ,am.d
W, 'o'
behrehs VIII ne arralgned TO answer TO
a charge Of stabbing, with murderous
infant q twelva-vear.o,d hoy named
-, r, $3.50. -
90! 'a'', l"e assau' ,ooH page o'' Dec
81 last In front OF the Boylan lads home
at No. lM West Nlnety-nlnth street,
YOU'VE, pov,,r ,,os ,oLe, "a 7 HID
iou''s n'''aN was '"N'" " o. i'oo"
Wright Hospital and remained there
unit! a few days ago. The knife OF the
p,h,o,s ma, ,a,o,r,.od bis ,.,, Inn