davidaulloa/AmericanStories huggingface dataset:
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-11-20
MANDAMUS WRIT
ISSUED BY COURT
SUPREME COURT HOLDS THAT IS
PROPER REMEDY WHERE TRIAL
JUDGE REFUSES 70 SETTLE
STATEMENT or cAsE-o. a.
FUTILE GRANTED WRIT.

In an opinion filed by the supreme
court yesterday, written by Chief jus
tice Morgan, Ole b. futile is granted 6
writ OF nenGS,nus against Judge
Chas. A. Pollock compelling a settle
ment of statement of case. The fol-
lowing is the syllabus:
1--Mandamus is a proper remedy 20
compel trial judge to seettle
statement of tho case when present /
to him in accordance with the facts
and in time and he refuses to settle
it.
2-The supreme court will settle a
statement of the case when the tri Il
Judge refuses to settle 1t in accordance
with the facts, under section 1850, re.
vised codes, 1905.
3-Trial courts have wide discre
tion in granting or refusing extern
sions of time during which state.
ment Of the case may be presented for
settlement, and their action will not
be disturbed except in cases of plain
abuse of such discretion.
4-The discretion to be exercised
such cases is in reference to the dill
gence of delay with which parties
Rave proceeded and other facts per-
tanning to the conduct of the parties
in connection with the appeal
5-Such discretion is not to be con-
trolled or made to depend on the fact
that appellants conduct has not been
confornlable to justice or equity or
personal duty in respect to matters
rot connected with the appeal.
6--On an appeal by husband from
a decree of divorce against him wher=-
by his property was assigned to the
wife in lieu of permanent alimony, and
he was also decreed TO pay a fixed
sum and 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 hus-
hand makes provision for the sup
port of his wife ami children, pending
the appeal, in ceses where the trial
judge has lost jurisdiction to make an
order fer support money pending the
appeal for the reason that the defer-
dant in that -.u,.oii had perfected an
appeal to the supreme court.
Syllabus by the court:
Application to the supreme court
for writ o. maI-damus compelling
respondent TO proceed with the settle
ment of statement of the case
Writ granted.
Skulason e. Burtness and F. w.
Ames, fer the plaintiff; Turner g.
Wright and Chas. A. Lyche, for the
respondent.
Opinion by Morgan, c. j. Fisk and
Carmody, ]. j., concurring; Spalding
and Ellsworth, concurring in part.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-11-20
Thanlksuivinn Grnetinu.

We greet you this Thanksgi wing
with love and sincere prayer; that
Gods best gifts enfold you, that life
may have less care; to each one in
passing some ones burden bear; give
thanks TO Him who giveth all things
both good and fair. @ 3s1
We greet you this. Thanksgiving
with smiles and happy heart; give
thanks that thou art living, marching
through this busy mart; to light some
weary traveller TO do the better part;
give thanks to Him who giveth, who
cheered the weary heart.
Mrs. w. c. Mcknight, Angus, S. d.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-11-20
Ocean Travel.

Halifax, N. S., Nov. 1s.Arrived
Steamer Virginia, Liverpool for st.
John, m. B.
Cape Race, N. r., Nov. 10. Steamer
Ryndam, Rotterdam, LOTS miles east
of Sandy Hook at q. M; dock 8 =.
m. Monday.
Glasgow, NOV. 1S.--Arrived- Steam
CIR Carthagian, Philadelphia, via. st.
Johns. ~. #.
New Castle. NJ. g., Nov. 18s--Arrived
Steamer Barefoot Everett.
Palermo, Nov. 1S.--Arrived-Sfea
CIR Verona, Philadelphia and New
York.
Naples. NOV. 1s.--Arrived- Steamer
Calebria, New York Via. Palermo.
Genoa. Nov. 17.--Sailed Steamer
Delphine, New York
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-11-20
Rled to DEATH.

Calvin, N D., Nov. 20.-Morris
Flynn died here under sudden and
rather peculiar circumstances while
sitting in the barrier shop talking to
friends. He had for years past suf
fered with varicose veins In one OF
his legs. and his death was due to a
hemorrhage, occasioned by the veins
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-11-20
HARDWARE MEN ARRIVE.
N. G. Buchanan Takes Possession Of
the Western Co.

NJ G. Buchanan, who recently purca-
ased into the western Hardware Co,
arrived in the city last evening from
Little Falls. Mimi, where he has man
aged a large hardware house. Mr..
Buchanan takes possession of the
Western Hardware Co, which viii
hereafter be known as the Buchanan
Hardware Co. l.. S. Levy, who still;
holds stock in the concern, will remain
in Fargo until the end of the month,
when he will leave for northern Min
nesota where he will spend the whit sr
in the WOODS.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-11-20
Marriage Licenses.

Licenses to wed were issued by
Judge A. G. Hanson of the county
court to the following couples:
Iriemaeus A. MacAdam of Pine
City, Mimi, and zana Evelyn Durgun.
of Arthur; Wilmer Shaffer and Laura
Clifford, both of Arthur; u. r Houd OF
Addison and Lease Mary Best of
Lynchburg.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-11-20
Grand Leeturs SUNDAY.

Sunday evening at the Grand theatre
Prof. Benz. F. Shambaugh of the Iowa
State university will lecture on The
Community of True Inspiration. Pro-
fessor Shambaugh is considered one of
the best lecturers in the west and has
a thorough mastery of the subject.
which no doubt will attract a large
audience
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-11-20

bursting When his attention was
called to the bleeding he showed no
alarm, saying that it had happened
before and would soon stop. The loss
OF blood soon caused him to faint away
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-11-20

and before those who were with hin
could call In medical aid he was dead.
The funeral IL being deferred, aweit-
ing word from his people who are
supposed to live near Duluth.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-11-09
ANOTHER STRONG EVIDENCE
OF QUALITY OF G00DYEARS
Buick, Winner of Phoenix Race, Used
Same Set That She Used In
Preliminary Run, and
"No Troubles"

II there was no other evidence of the
wonderful performances Of Goodyear
tires to endure hard wear and tear,
surely the one winning run or the
Buick car over the Los Angeles-Phos
nix course will settle that matter IN
the minds of those thousands who ma
the main cost OF upkeep IN tine ti1e
question for all and for good.
II is a startling statement for users
of tires to remember this fact, that the
same set of Goodyear tires that vera
used on he Buick in her record reaK-
ing run-the identical set-were used py
the same car on her preliminary Jun
over the same course, making the sec
ond trim the car had made on the same
set OF tires, and the rather stereo-
tvned phrase now of the Goodyear users
came into view again, mo troubles.
THAT tells the story in two worps. Tnere
was no stopping by the Buick driver
70 remove and repair tires. The car
was equipped with Goodyear Detacha-
HE tires and Goodyear Universal rims,
which have proven so sucessful IN sucn
severe tests as the Phoenix course just
completed 49, In
winning cars in the Mt. Badly hiii-
climb. the Burris hill-climb, the Ascot
mark race, the Santa Ana races and
other important local events, were
eouinped with Goodyear tires, which
also hold the round trip record between
Los Angeles and San Francisco
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-11-09
JAILED FOR lMPERS0NATING
MAN KILLED MYSTERl0USLY
investigation to Be Made Into Case of
James Welsh, Found Dead
on Tracks

SAN BERNARDINO, Nov. &C. w.
Mcmillan, convicted of impersonating
James Welsh, member Of the Mon
mouth. Illinois, lodge Of Eagles, was
today brought to the county jail to
serve q sentence of thirty days and In
the meantime the officers will investi-
gate the mysterious death of Welsh,
whose mangled remains were picked
up on the railroad tracks at Excel
sior Springs, Mo-, October "a.
Mcmillan, who bears several al
Eases, approached the secretary of the
Eagles lodge at Albuquerque and pre-
scented a membership card signed by
James Welsh, requesting assistance. A
message, however, from the Monmouth
lodge to which the secretary wired to
ascertain If Welsh was in good stand
ing, stated that he was dead. McMil-
liam was able to escape arrest and left
that city, but In an effort to appre-
bend him the Albuquerque lodge not
flied the officers of the order at Nee
dies to be on the lookout for the i'm
postor. In few days Mcmillan APP
peared and, presenting Welsh's card,
requested aid. He was Immediately
placed under arrest and convicted of
impersonating the dead man.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-11-09
FRANK FREES MONEY
REMAINS UNCOVERED
No Appearance Is Made on Behalf Of
Wlnton Car of Mr.. Carlson
for Race for Real
Coin

There does not appear to be the
heavy rush toward the deposit OF
Frank Free with the automobile editor
of the Los Angeles Herald as guar
antee that he will be on hand ready to
race the car of William Carlson that
might have been expected from the
sweeping challenge" that was blurted
out Sunday morning last.
The money of Frank Free is In the
safe of The Herald awaiting the sign
ing of articles of agreement for the
proposed race so loudly proclaimed.
There need not be the slightest hesi-
tation as to the size of the purse the
challenger wishes to- make 1t.
The funny question asked by the
curious about town is: why does not
the Winton agency put up car or a
dozen of them for a race, and not use
the car of a private owner?" The Her
aid can and will tell them why to-
morrow. In the meantime Free Is
ready to race the Winton any old time,
whether it belongs to Mr.. Carlson or to
Mr.. Winton.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-11-09
EXPECT SALARIES OF TWO
INSPECTORS TO BE RAISED
counclImen for Reelection VIII Try
to Pass Ordinance Over Veto
of Mayor

The fact employees of the health de-
partmeht are credited with being
among the cleverest politicians in the
city may not have anything to do with
the matter, but 1t is certain that Lyon,
Healy and Yonkin, the only three
members of the council who are cam
didates for reelection, viii make
strong effort to pass the health de-
partment salary ordinance over the
mayors veto today Other members
of the council are inclined to help
them, especially those members who
are not in sympathy with the admin
istration, and 1t looks very much as
though Fred NJ. Hughes and John F.
Nelson, meat inspectors. would receive
increases in their salaries in spite of
the mayors negative.
The mayor objects to the increases
of $50 a month each for these inspec-
tors on the ground they are not enti-
tied to any higher salaries than other
inspectors and that the increase was
net recommended by the board of
health.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-11-09
PRIDHAM GETS BACK
AT "SOLID THREE"
Proposal That the County Put New
Building on Its Own Land
Causes Scurry to
Cover

The handling of the 100000 for de-
tention home purposes Is proving
bone of contention among the members
of the board of supervisors. 1t Is a
luscious plum, and despite the efforts
of Supervisor Pridham, aided by SUI
pervisor Manning, 1t is believed 1t will
fall into the wide-mouthed basket held
by the solid three"
The matter of selecting a site for the
new detention home was called up at
yesterdays board meeting and after a
deal of side-stepping was again con-
tinued, but not before Supervisor
Pridham had the satisfaction of put
ting the "solid three" over a barrel.
When Pridham, more than a week
ago, favored the purchase of site on
the Mission road, he had occasion to
take exception to a remark by McCabe
which might be taken as an implied
accusation that Pridham was actuated
by a desire to further his own inter-
ests.
.Pridham retaliated yesterday. If
the "solid three" were opposed to
spending a goodly sum for the Mis-
sion road site or any other site, surely,
he reasoned, they would not object II
site could be procured for nothing.
Real Saving a Bombshell
the detention home be built on the
county-owned property near the coun-
ty hospital.
"If we use that land-there are sew
enteen acres-we could get 1t for moth
ing and can use the $4,000 for i'm
provements and building" argued
Pridham.
Whew! Permit Pridham, as chair
man of the detention home committee,
30 re o1I hof
money? Not much.
McCabe said 1t would take the whole
$50, 900 to improve the ground.
ut is full of holes" he declared.
I'VE want only a small portion of
it," responded Pridham, land that por-
ton we would use is high and would
need but little Improvement"
IF you take that land the hospital
fund must be paid for It from the de-
tention home fund.-" said Eldridge.
Refuge In Adjournment
1.-THE land was purchased with money
from the general fund twenty years
ago, and the hospital has nothing to
do with It," replied Pridham.
Then refuge was taken In postpone
ment of final action, the board decid-
ing to delay matters until the county
surveyor can inspect the vacant and
unused county land for the purpose of
estimating how much money will be
necessary to put it into shape.
1t is understood the "solid three"
favor the purchase OF the site at Col
lege and Yale streets, five and a half
acres, offered some time ago by oliver
e. Scherer for $4,000.
Judge Wilbur of the juvenile court
was present at the board meeting yes
terday, but declined to state his views
as to the purchase, other than saying
he preferred that the home should be
located in the country.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-11-09
MAN WHO CAUSED WAR
PASSES AWAY IN PERU

LIMA, Peru, Nov. S.-Miguel Iglesias,
the Peruvian general and statesman,
died today, aged n.
General Iglesias was minister of war
in 1880, and took principal part in
the defense OF Lima in January, 1881,
when he was captured by the Chileans.
He escaped, however, and during the
confusion of 1888 assumed the presi-
dency and signed treaty of peace with
the Chileans.
The Peruvian general, Andres Ca
ceres, refused to recognize Iglesias and
a civil war followed ultimately both
the leaders resigning the government
into the hands of an executive minis
try, pending an election, which re-
suited in favor of Saceres.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-11-09
EIGHT MEN ARE BURNED
TO DEATH IN NEW YORK
from Escaping-Five Others
Fatally Injured

NEW YORK, Nov. S.-Ironbound
windows prevented the escape from
death of eight workers in Robert Nor
rison & Sons comb factory in Brooklyn
which caught fire today, and five other
men probably were fatally injured in
making their escape from the building.
while trying to reach the safe and close
its doors. His father was among the
injured.
Forty employees were in the factory
when the fire started. Many jumped
from the third floor windows and were
injured.
Those who rushed to the rear found
the windows barred and there met
their doom.
The fire swept through the building
rapidly, as the comb material inside
was highly inflammable.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-11-09
Fish for Pompano

OCEAN PARK, Nov. S.-Fishing Tor
nomn no from the Marine avenue pier
has come to be a popular amusement
in the last few dayssl This delectable
fish shows up in these waters for only
short periods each year, usually in the
spring and late fall. Several were
caught here last Saturday for the first
time since last spring. When it was
noised around town that pompano
were running again. nearly every anna
teur fisherman in Ocean Park, includ-
ing many business men, went to the
pier and cast their lines.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-11-09
MISSING RANCHER FROM
CALABASAS SAFE HOME

Word was received by Sheriff Ham
mel last night that Joseph Smith, the
missing Calabasas rancher, was safe
at home, bearing only few scars. the
effects of good time in Los Angeles.
Deputy Sheriff Claude Mathewson was
sent to Smiths home last night 10
verify the report.
Smiths disappearance was reported
IN sheriff Hammel a week ago when
he failed to return to the st. Elmo
hotel f.om which he departed two
DAYS before, leaving his effects.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-11-09
DROPS HER CHILDREN OUT
WINDOW AND SAVES THEM

OGDEN, N. D., Nov. S-By passing
her children out of a second-story win
dow, and allowing them to fall to the
ground, one by one, Mrs. John Frantz-
voig today saved her entire family
of twelve from death by fire. The
mother was almost overcome by smoke.
A blaze started in the kitchen, cut
ting off escape by the only door in the
house.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-11-09
PENNsY VS.. MICHIGAN

PHILADELPHIA, Pa, Nov S.-The
University of Pennsylvania football
team began it's final preparations for
Michigan this afternoon. Hutchinson
will be substituted for Scott at fullback
and particular attention will be devoted
to the ends whom the coaches blamed
for the weakness of the Quaker attack
In the Lafayette game.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-11-09
BANQUET TONIGHT

In honor of four games won by the
Thistle baseball team during it's South
ern State league career, Manager Han
sen will give the players banquet this
evening at $40 Berch street. The MEM
bers of the team, Schildwater, Haulsby,
Baker, Siegel, Lind, Roche, Sawyer,
Price, Ed Haight, Lewis, Wilson and
Male are all requested to be present
and come early.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-11-09
BID Power Company Chartered

TRENTON, N. j., Nov. S.-The Great
Falls Power company of Jersey City
was chartered here today with a cap
ital of $17,00000O. The company's pur-
pose is to acquire and deal in water
rights and power and to generate cleo
triclty for all purposes by water
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-11-09
....,.. ZIG no $50 (
BAKER & HAMILTON

Tonight the Hoegees and the Messmores will
lock horns at the Spring street alleys, and
a warm game is looked for, as these are the
most evenly matched teams in the league.
wednesday night the Giambastiani Fuel and
Feed company will meet the Columbia Out
fitting company.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-11-09
-vWsays Her Room Was Robbed

Helen Murray of 1925 st. James
street reported to the police yesterday
that her home was entered Sunday aft
ernoon and a small pair of diamond
earrings, watch and a purse con-
tanning 81 were taken.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-11-09
BOWLING RESULTS

Contrary to the dope. the strong team rep
resenting the Morley alleys lost three straight
to the Baker 4 Hamilton quintet Grover Bal
lard of the losers had high score 2O4 and
Armstrong OF the Baker & Hamiltons, high
average Of 175 1-3
The totals were as foilows:
MORLEY'S CLUB
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-11-09
DETROIT LOSES 70 HAVANA

HAVANA, Nov. S.-The Almandares
baseball team defeated the Detroit
American league team today, 10 to 2.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-11-09

n you want to go east, @. Havdock. Agi
Illinois Central r. r.. lis w. Sixth street.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-11-09

Vote for only nine councIInien or
your ballot Will be invaIidated.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1909-04-12
++4%@++++@+4%%%+4
= STATE CAPITAL NEWS. :
= ++++% %%++ , +++$++


Guthrie, Okla. April 12--S c. Hey
man, president. has issued the follow
ing call for the Second State Confer
ence Of Charities: The Second State
Conference of charities will be held
in the city Of Shawnee. April % and
30. All persons who are connected
with local charity organizations of pri-
vate institutions or. are willing to
work for the social uplift OF Oklahoma
are cordially invited TO attend. and be-
come members of the permanent or
ganization. All state institutions viii
be represented officially Arrange
ments have been made for five section
meetings to be held on Friday morn
ing. At these meetings methods Of
care. treatment and training of all
classes Of defective. dependents and
delinquents viii be explained and dis
cussed. Governor Haskell. Chancellor
Geo. L. Bradford. President A. Grant
Evans. Miss Kate Barnard and others
are on the program Of the first gem
eral meeting The ladies of Shawnee
will entertain the visitors in their
homes.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1909-04-12

Lo, They Shed Tears.

Anumber Of Republican newspapers
throughout the state are shedding
huge briny tears because the new
election law does nat allow representa-
tion Of the Socialists and Prohibition
parties upon the election boards The
said Republican papers so far have
failed to mention the fact that during
all the years in which the Republi-
can party was in power in Oklahoma
they never made il possible for nil
nority party to have represented upon
the election board They are also as
suming more than they are warranted
in stating that the Socialists and Pro
hibitionists will not have representa-
ton under the new law, as there is
nothing in the law to prevent the So
cialists and Prohibitionists from hav-
ing the representation that has here
tofore been accorded to the RepubIi-
cans.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1909-04-12
(Flrst Published April u. i9os)
ORDINANCE NO $50.

Assessing the cost OF improving
ChociaW avenue from ihe east line OF
Second street 10 the east line of Ninth
street. In the city Of Chlokasha. Okla
homo. against the several lOts and
tracts Of land liable 10 assessment for
the cost thereof according % law and
declaring an emergency
Whereas lhc board ol appraisers, ap.
pointed by resolution adopted on the
18th day Of March. 1909. 10 appralse
and apportlon the benefits resulting
from the Improvement OF Choc iv ave-
nuo from the east line of Second street.
to the east line OF Ninth street
IN the city Of Chickasha. Oklahoma, 10
the several lots and tracts Of land lia-
bic TO assessment to pay the cost OF
such Improvement have performed
their duty according TO law as such
appraisers. and have returned and filed
with the city clerk a written report OF
their said appraisement and appOrtion-
ment; and
Whereas. after the filing OF said re-
port this board did appoint a time for
holding q session TO hear any com.
plants or objections concerning such
appraisement and apportionment, and
caused due notice OF said session to be
published according 20 law and IN pur'
suance Of said action and publication
such session was duly convened and
held by this board on the Sth day OF
April, 1909; and
Whereas. az said session this board
did hear and consider all complaints
and objections TO the appraisement and
apportlonment and did then and there
review. revise and correct the same
and did by resolution confirm said ap
portlonment and appraisement as ss
revised and correcteds and
Whereas, all legal requirements have
been fully complied with authorizing
the levying Of said assessments against
the I0ss and tracts OF land liable q
such assessment. therefore,
Be It ordained by the mayor and
councllmen OF the city OF Chickasha
Oklahoma:
Section /. That there shall be ans
there hereby Is apportioned 70 and a.
sessed against the several lots an'
tracts OF land liable to assessment 70
such Improvement according 20 Law
with the improvements thereon an'
the appurtenanees thereto belonginl
the amounts respectively as follows
t0-Wit.