davidaulloa/AmericanStories huggingface dataset:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19
JURISDICTION OF LAW COURT.
Decided in Waldo County Rescript IN
Case of Mather VS.. Cunningham.

| That the law court in this State is
not a court of original or common law
jurisdiction is decided in a rescript
handed down Thursday in the Waldo
county case of Mather VS.. Cunning
ham, The rescript, which is drawn by
Associate Justice Spear is as follows:
Augusta c. Mather, ct al, appellants.
VS.. Edward H. Cunningham. ct al,
appelees Rescript, Spear, ],
| To the Honorable, the Justices of
| the Supreme Judicial Court. sitting as
a Law Court ut Bangor, in and for tbs
State of Maine, on the first Tuesday
of June, A. ID. 1909.
The plaintiffs. petitioners to your
honors, respectfully represent in the
above entitled matter. that court did
on the tenth day of April, 1909, send to
the supreme Judicial court in and for
the county of Waldo. its mandate re-
VerSing the decree of the lower court
in the matter in which said appeal was
taken; and did render its opinion
therein. sustaining the contention of
the plaintiffs in said appeal; but that
said mandate and the opinion was
silent upon the question OF costs; and
that so far as said mandate affects the
same, the plaintiffs would have the
right to have costs taxed in their
favor therein
Wherefore. inasmuch as this hon
Orable court, sitting as a court of law,
has in other cases made an allowance
of costs prior to the mandate of it's
decision which mandate in that re-
spect it has been the practice of the
supreme court to follow, your petit
TONERS pray that this honorable court
will recall it's certificate of decision
and mandate in said case and restore
the case to the docket of this court
sitting as a court of law, for the pur-
pose of hearing the parties in said
matter as to the costs therein, and
that upon such hearing it will order
that the costs of such appeal to be
taxed by the court shall be paid by
the appellees.
1t WOULD appeal from this petition
and prayer that the case had already
gone to judgment when the petition
was filed. r. S. Chapter 10, Sec. 40.
We know of no statute or rule of law
which authorized the law court to re-
call judgment in this case and rein
state it upon the docket of the law
court.
THE supreme court, while sitting as
a court of law, is not a court of origi-
nal jurisdiction Baker V. Johnson, Al
Maine, Is, and cannot grant leave to
mend Croker V. Craig, AS Maine,
1927.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19
At WATER STREET In Opera House Block, A1lGIICTA
At 323 Street, In Masonic Temple, hAOOOSu -
WALDO
FREEDOM.

Mr.. Joseph Bryant of Knox Is saw
ing wood and threshing in the village
this week.
Mrs. f. e. Vose has returned home
after visiting friends in WatervIlle
and VassalhOro.
Mrs. Augustus Bellows has returned
home from visit in Belfast.
Mrs. G.. E. Bryant and Mrs. {. f.
Richardson attended a meeting of the
Eastern Star at Thorndile- Thursday
The Brooks Chapter was entertained
and four candidates were Initiated.
The Ladies' Sewing Circle held It's
annual fair last Thursday afternoon
and evening. 1t was largely attended
and very successful.
Miss Cecilia Bradstreet and Clara
Ingraham, who have been teaching
this fall, have returned to resume
their studies at the Academy.
Miss Amy Stoddard and Miss Exer-
enc Flood, who took part in the enter
tainment last evening are being enter
tanned by Mrs. A. NJ. Small.
Mrs. Mary Ware of Thorndike is
visiting her niece, Mrs. f. j. Nose.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19
WHY SHE CERTIFIED.

Thin. weak, or frail people-those
who take cold easily should be pre-
pared with Eckman's Alternative III the
house.
Remarkable cures of even Tubercu-
lous Consumptive) persons are often
accomplished. For Bronchitis. Asthma.
and Hay Fever, no more effective rem
edy exists.
Lacon. H.. April IA, 1907
l was troubled with Asthma and
bronchitis for seventeen years. After
trying many remedies. Eckman's Al
teratlve was recommended to me by
our Parish Priest. l am now. feeling
fine. cannot speak too highly Of It
tSisned AftidaFlo Anna Mae McEntee
Fclnnan's Alternative is good for az
throat and lung troubles, and is on sale
by G. I. Murphy ana other druggists
Ask for Booklet of cured cases, OF
write to Eckman Mfg. Co, Phila, Pa.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

a
Under the present organization OF
our judiciary, the law court rs NOT d
court for trial, and has such ana only
such jurisdiction as is conferred upon
it by the State" State Y. Gilman, ~
Maine, 1888.
The law court in this state is NOT
a constitutional court 1t is not a
court OF original or of common law
jurisdiction. The court is created by
statutes, and has that jurisdiction only
which the statute has conferred upon
it. and that is limited jurisdiction.
1t has no other authority The State
mas the right in creating the law court,
to limit it's power and to determine
upon what conditions they shall be eX-
ercised. The court cannot properly
extend its statutory powers nor dls-
pense with the conditions imposed"
Stenographer Cases. 100 Maine, 275.
Petition dismissed.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19
LINCOLN
WISCASSET.

Henry Rines and wife were in Bath the
last of the week.
Willis Gould is preparing to raise the
roof and build an ell TO his house on
Churchill street.
Philip Munseys house and contents on
Pleasant street were burned to the
ground early Saturday morning.
Miss Lydia Mclean was gone to Sheep
scott to spend the winter with friends.
Herbert Lewis of Bath was in town
{. NJ. Legrow is in town after being in
Peaks Island and Portland.
A. F. Sortwel of Cambridge, Mass, has
purchased of w. G. Hubbard, the lot on
Main street. known as the Hilton
house lot
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

Among the courses of study in the
Augusta schools it is doubtful if there
is one that is more generally ENJOYABLE
than free hand drawing. which is
taught by Miss Clara L. Rice and which
is as instructive as it is interesting. And
in connection with the above study i,
may be said that among the prize win.
ners of The School Art Books prize
department are six Augusta pupils
whose names are as follows: Grade
VII. Helen Gage. So. Chestnut street
ca former prize winner), third prize, 6
copy of Blackboard Drawing ant
badge: Grade VIII. Sadie Cross. 9:
Northern avenue, fourth prize, badge
Bernard Damon, Viola Cove, Annie
Mclaughlin and Susan Preble. honor.
able mention.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

With view to securing auxiliary
power for the Kennebec Light &, Heat
COS. power station on the Kennebec
lam crew of men will begin in the
near future the work of setting a line
If poles on the east side of the Kenne-
DEC river between Augusta and Wins
low, the work being done in connection
WITH the stringing of high tension
reed wire from the power station of the
Sebasticook Light & Power Co. at
Benton to this city. What is known
Is three-phase system Of wiring will
be used and it is already completed
from the Sebastcook station to the
Hollingsworth & Whitney plant in
Winslow. 1t is not expected that the
wiring will be completed before an
other spring.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

News has been received of the death
of a former Wilton man at George
town. Mass. recently, Lyman H
Adams, who died on Sunday at the age
of 81 years Mr.. Adams was a mem
Der OF the 18th Maine and received
wounds at Spottsylvania. He is sur
vived by widow and two children be-
sides several other relatives in this
State and Massachusetts,.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

The members Of the Methodist Epis-
copal parish of South Paris are to
build a granite church early in the
spring. 1t will be of Maine granite and
will have a seating capacity of $50.
Plans are already being made and it is
sure that just as soon as the snow goes
next season. the people will get out
and hustle in order to get the building
ready for use as soon as possible.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

II you are looking for bargain in a
slightly used piano, C. E. Downing in
vltes you to call and inspect several
that he has in stock, among which is
high-grade upright, purchased in
town two years ago for $3.50, which has
recently been taken in exchange for a
player. viii be sold for 5000 Don't for
get the usual Piano Player concert
Saturday evening"
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

Frank and Alice Halves, who had
been visiting their uncle. w. c. Halves,
Noyes place. returned Thursday to
South China They We're accompanied
by Miss Verda Percival of Weeks
Mills and Charles Steele of Easton.
Pa. who had also been guests of Mr..
Halves. aEE
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

3. +. Folsom will open his new store
in the place recently vacated by the
Augusta Fruit Co at 29e Water st. ir
Opera House block. next door to s. ant
1o-cent store. He intends to make q
specially of butter. cheese, eggs. tea
ana coffee. together with a line OF
fancy groceries. and will make the
same prices on all goods at both stores
He has fine line of butter. cheese anG
eggs at low prices. See ad.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

work has begun in the registry OF
deeds upon a new 1O-year index of the
records of that office, comprising the
years from 1900 to 1909 inclusive The
completion of this work will require
'ahout 10 months and the assistance OF
two additional clerks The new 1O-year
index will bring the office index tc
date and will be of great convenience
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

Charles Farnham of Belgrade came
20 grief Wednesday evening through
falling into the hands of Deputy Sher-
ifs Frank j. Ham of this city and A.
R. Bucklin of Litchfield while he was
engaged in transferring box of liquor
from Water street to a place of safety
Mr.. Farnham had the box on his
shoulder and was looking or team
when the officers overlook him and
captured the whole business. When
he box was opened it was found to
contain II quart bottles of whiskey
md one quart bottle of wine. The
man was locked up at the Jail for the
hight and yesterday morning was ar
raigned before the municipal court. He
pleaded not guilty and claimed that
the liquor was for his own use, but
the court found him guilty and impos-
ed a sentence of 500 and costs and 60
lays in Jail, from which an appeal was
AIKEN but was later withdrawn and
'arnham was committed to Jail to
;erve out his sentence
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

The residence of Charles H. Pullen
1T IA Maple street was the scene of a
very enjoyable occasion Tuesday even
ing when party was given by that
young gentleman to his friends. about
80 OF whom were present. The hours
were pleasantly passed with games and
music. ice cream, cake and CANDY We're
served and the occasion was one of
much pleasure to all
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

Hon. II. NJ. Heath went to Bangor
Thursday forenoon on Train 1. Mr.
Heath is one of the counsel in the
reference case involving the matter OF
the distribution of the waters of the
Penobscot among the manufacturing
industries of Old Town and OronO.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

What a chance is this We house
keeper, Swift & Turner Co. have filled
a window with large double roasters
refined sheet iron, 10h by 1872 inch
size, all for only 29c. Look at them
today, but you cannot buy one until
tomorrow. Saturday.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

Judge Benedict F. Maher left Thurs
day forenoon on train 81 on an extend
cd business trip to Massachusetts and
New York. The affairs of the murci-
pal court during his absence will be
looked after by Recorder Lancaster.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

The boys of Co. NJ, I'd Infantry, n. G.
;. NJ, will have the floor at City hall
this evening when they will give their
annual exhibition drill and ball. Mu-
sic Will be furnished by Lees full or
chestra of Gardiner, and indications
point to Il big time.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

Mr.. ard Mrs. Joseph A. Marston are
the proud parents of a fine boy baby
who was born to them at their home,
26 Patterson street, shortly before mid
night Wednesday.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

Berry, the tailor is costly situated
having ample room and facilities
since his enlargement for prompt
work Makes speciality at this time
| of cutting and making over ladies'
coats.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

Hon. George +. Morrison of Bidde-
ford, inspector of factories, workshops,
mines, etc, was in the city Thursday
on business connected with his office,
and was present at the meeting of the
Governor and Council.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

The new Capital garage near the
Augusta house is now thoroughly
equipped to overhaul cars this winter
All work personally supervised by Mr..
L. NJ. Gegenheimer, who needs no in
PRODUCTION to automobilists in this
section.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

improvements have recently been
completed in the lodge room of Angus
ia Lodge, No 1854, B. P. o. Elks which
nave added great deal to the at
tractlveness of the room. The walls
nave been newly decorated. new drap-
cries have been added and other de-
lalls attended to that present an eff
feet that is very pleasing.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

Frank Z. Smith and Charles H.
White have returned from a trip to
Belfast where on Tuesday they attend
ed the annual meeting of the stock
holders of the Waldo Trust Co.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

Mrs George r. Griffin and daughter
Dorothy of Newton, Mass, formerly of
this city, are the guests of Mr.. and
Mrs. H. L. Pishon on Winthrop street.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

S. S. Patten and Guy P. Gannett left
on train 102 yesterday afternoon for
Boston and will on Saturday go tc
Cambridge to attend the Harvard Y ale
football game.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

Deputy Insurance Commissioner Ivan
f.. Lang Went to Sanford Thursday
foreneen on train GA on business con-
nected with the department
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

Mrs. Charles Il. Day of Richmond is
visiting in the city as the guest of her
aunt, Mrs \. w. Foster, on Patterson
street,
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19
AMUSEM ENTS.
New Pictures at Opera House.

a new and especially selected set OF
high class moving pictures Will be Of
fered today at the Opera house in con-
nection with the fine bill of vaudeville
in which the Lancashire Lassies made
tremendous hit in their comedy
singing and dancing act. ana th5
Great Allaire, the premier club swing
or, who is in a class by himself. Mr.
Reeves will be heard in the new pop
uar song, Red Head
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

II. F. Travis of Belgrade has been
the guest for a few days of his BROTH
cr-in-law, Deputy Sheriff Frank j.
Ham, Lambert court.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

Walter Vose is visiting his home in
Belfast, where he is the guest OF his
parents, Mr.. and Mrs. w. G. VOSe.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

Mr.. John F. Hill went to Boston
Thursday forenoon on Train GA to join
her husband, who has been there for
several days.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

Wallace Barney of Sangerville. a
graduate of NJ. c. 1. '06, has gone to
Buffalo. n. ~, to take course in the
Buffalo College Of Pharmacy.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19
lDaiIv kennebet Journal
TeIephone 135.

Cards of thanks, obituary notices, res
olutions Of respect, ETC., will ne
charged at the rate Of ten cents per
line. No charge less than IS cents.
All advertising announcements Of en-
tertainments whose object is the
raising of money. will be charged at
the rate Of fifteen cents a line.
Advertising notices, news form will be
excluded from our local columns,
except such as refer to advertisers
occupying space in our advertising
columns and will be run under a
separate head on one Of the local
pages.
Subscribers who fail to receive the
Journal promptly will confer a favor
by notifying the office Immediately.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

George C. Halves of Vassalboro was
a business visitor in the city Thurs
day.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

Look to l.. S. Young's market today
for fresh mackerel, butterfish, hallbut,
cod. sea trout, clans, oysters, etc, etc.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19
Friday, November 10, 1909.
LOCAL MATTERS.

Emery Nash OF the Sidney board OF
snleCtmcn was d visitor in the clty
Thursday.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19
DIET is DISSOLVED.
New Finnish Legislators Will Be Elect
ed In February.

HelslhSfors, Nov. 1S.-The Finnish
Diet was dissolved today because of
IT'S refusal to sanction the bill intro
iuced by the government asking for
IN appropriation of 100000 for the
terence of the empire An election VIII
De held FEB. l, and the new Diet will
assemble March 1.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

The dissolution of the Finnish Diet
Vas anticipated when the government
hll was rejected yesterday. The con-
ilict in the Diet was the same as that
which took place in the Senate and re-
suited IN the resignation of many Fin
hlsh senator's ana the substitution of a
majority made up of Russian military
ofhcers. The Senate had expressed a
Willingness to contribute $4,000 600 as
an annual appropriation for the ma
Ional defence, but double that amount
was assessed by the Russian cabinet as
flnland's contribution for the defence
of the empire.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19

Coughing-No matter how bad the cough
Lung kuro can quickly cure 1t.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-19
FLOUR SPECIAL

We are unloading a car of Flour to-
day and will sell it for this sale at 500
per Dbl. or 75c. per bag; it would cost
at the mill on the present market $3.50
per Dbl, you won't buy as cheap again
this year.
The daily Alaskan., 1909-02-11
MERCURY TAXES
 SUDDEN DROP

There was a brief cessation of the cold spell yesterday and under the warming rays Of the sun tbe tempera. ture rose to I2 degrees above zero. while the wind was comparatively light. Last night. however, the hopes of skagway's residents for a protraet ed period of warm weather were rudely shattered. for tho thermometer commenced to drop and at o'clock this morning the mercury was hover. ing close to the zero mark, and the wind blowing with It's usual vigor. At noon today it was above hero.
 The weather In the interior N more severe than it has beea sor some days and as the barometer Is high tho cold weather Is likely to continue for some time.
The daily Alaskan., 1909-02-11
YELLOW MEN
 ARE COMING

wAsHNGToN.-"Maybe and may be not' was the reply made by sena' tor Flint of California. when asked It the Japanese question In his state was really as serious as represented In despatches from the west.
 While l do not think any anu-Jap. anese legislation will be enacted at this session Of the California legisls. ture," he continued, 'It is a question that must be dealt with in the future. or that am certain. Notwithstanding reports to the contrary. the Japanese are floclling to this country in big numbers. Some are trying to minim. ize the number"
The daily Alaskan., 1909-02-11

WASHINGTON-It was learned to. day that President Roosevelt has SC, cured personal possession of all the governments documents relating to the steel trust investigation Of two years, and that he did this to shut of a summons from the senate calling on the commissioner of corporations for the papers.
 The occasion for thls action grew out of the Culberson resolution call, ing on the attorney general to tell why he had not prosecuted the steel
The daily Alaskan., 1909-02-11
LIVES ARE LOST
 IN BLIZZARD
tsy United PresS.)

DENVER, Col, Feb. 11.-Many peo. pie are believed to have been frozen to death in the mountains as the re. suit of the severe blizzard which was raging here yesterday and Is conunu. ing today. Trains are stalled by hug snow drifts on all the railroads run, ming into Denver,
The daily Alaskan., 1909-02-11

skagway will commemorate the centennial anniversary of the birth Of Abraham Lincoln tomorrow afternoon at Elks hall, where the local order Of Elks will give an appropriate and pleasing program. Practically all Of the merchants and business men Of the town will suspend business tomor. row afternoon. The public Is cordially invited to attend the meeting and 1t should be-a large and representative gathering.
 The program has been arranged by H. H. Draper, acting exalted ruler and needs no comment It will be well worth hearing. The Elks will march into the hall in body at 9 o'clock and then the meeting will be called to order. The program follows
The daily Alaskan., 1909-02-11
F0ILS SENATE

trust for absorbing the Tennessee Coal and Iron company and the prcsI- dents instruction to the attorney gen. eraI to refuse to answer the question
 When the president learned that the senate judiciary committee was preparing to Issue subpoena for Herbert Knox Smith, commissioner of corporations. commanding him to bring all papers in hIs bureau relating to the steel trust, he sent for the documents, and they are now piled up In the White House safe with the big stick" standing close by.
The daily Alaskan., 1909-02-11
COTTAGE CITY
 WILL BE LATE

The Cottage City arrived in Juneau at o'clock this afternoon. She should arrive in Skagway some time after l2 o'clock tonight according to Frank Stuart. local agent The Cottage City was due this evening. Presumably she has been delayed by rough weather.
The daily Alaskan., 1909-02-11

Oscar Card received a wireless mes
 sage via Sitka yesterday from c. L. Andrews. formerly deputy customs collector at Skagway. Mir Andrews has been customs collector at Eagle for some time. Mir. Andrews Is aboard the Northwestern going south
The daily Alaskan., 1909-02-11

Tue stage from Dawson arrived at Wnitehorse at 5:3O yesterday after noon. Max McSweyn and T. B. Me. Farlane were the only passengers. Mir. McSweyn. who represents an En- gllsh wholesale house. will arrive here and leave for the south shortly.
The daily Alaskan., 1909-02-11
ESCAPING GAS
 KILLS SENATOR
tsy United Pross.)

GUTHRIE. Okla. Feb. 11.-State Senator Johnson Is dead and Senator Yeager is dying as the result of as. phyxiatIon caused by leaking gas Jet in their room at a Guthrie hotel last night Both men were here at tending the session of the state legis- lature
The daily Alaskan., 1909-02-11
RUSSIAN GAR
 ID VISIT KING
tsy United PrssS.)

ROME. Feb. ll.--It was given out by government officials today that the Czar Of Russia has announced his intention Of paying a visit Of stat to the King of Italy. Tho czar and his reunue will arrive in Italy about March l5.
The daily Alaskan., 1909-02-11
HUGE TIDAL WAVE DESTROYS CITY
tUnnod Press Teleqraph.cabIo sorvIoo.)

(Note)-Port Limon Is situated on the coast of Costa Rica in the pro. vince of Limon, It has a population of about 10000. It is constructed on low lying land and a high tidal wave might easily sweep away the city