davidaulloa/AmericanStories huggingface dataset:
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-06-10
CONFLICT IN
SIDE WALK AND
STREET GRADES
FARQUHAR SIDEWALK PLANS
DO NOT CONFORM WITH THE
BATON STREET GRADES ON
EAST GADsDEN STREET-coM-
PLANT LODGED WITH BOARD
OF WORKS.

A conflict between the Farquhar
and the Hatton street grade plans
was discovered at the meeting of the
board of public works yesterday when
several citizens on East Hill appear
ed to make complaint regarding the
grades given for some of the new
sidewalk work now being done
there.
1t was also discovered that while
the Hatton plan had been adopted for
the street paving, the Farquhar plan
had been adopted and was in effect
for sidewalk grades
In the main these two plans agree,
but between Ninth avenue and
Twelfth avenue OF Gadsden street,
there are a few places where the
Hatton street paving grades are
about Il inches higher than the Far
quhar sidewalk grades, and the board
had UP the question as to which grade
should be changed so that both would
conform to the same level.
All of the sidewalk construction
heretofore done in that section, most
of which has been on the south side
of the street, has been done accord
ing to the Farquhar grades. This suits
the people on that side and ] E.
White and L. C.. Bennett appeared
before the board to ask that the old
grade be adopted for all of the work.
On the north side of the street,
however. the Farquhar grade has re-
quiFed considerable cutting, and DIR.
Bryans and DR.. Bickerstam asked
that the work be stopped and the
Hatton grade be adopted, SO as to OBJ
Viate so much cutting, the Hatton
grade being about a foot higher than
the Faruuhar grade.
trustees, expressed the opiniou that
be changed and that the sidewalk
grade should be made to conform to
the street paving grade.
City Attorney Jones was called in
and he expressed the opinion that
the board had no power to change
either of the grades and that the
matter should be referred to the city
council for adjustment. This course
was adopted and DR.. Blocker and
VIM Fisher were appointed CON-
mittee to present the case to the
council.
Crona Suarez. and 3. L. Barclay
also appeared in reference to the
Jackson street grade which will nee
essltate a great deal of cutting and
which will put the sidewalks far be-
low the surface of the street unless
the street is also graded down.
Although no action was taken, the
impression seemed to prevail that
in cases of that kind the city should
grade down the street where side
walks were to be built.
Chairman Jennings presided and all
OF the other members, Quina, Block
er, Fisher and Schad were present.
For HEADACHE-HIcks' CAPUDINE.
Whether from Colds. Heat. Stomach or
Nervous Troubles, Capudine will relieve
you. It's liquid-pleasa mt to take-acts
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-06-10
Alone in Saw Mill at Midnight

Alone in Saw Mill at Midnight
IGImiudful of dampness. drafts. storms
OF cold, w. J. Atkins worked as
night Waterman. at Banner Springs,
Tenn. Such exposure gave him a
severe cold that settled on his lungs.
AZ last he had to give up work. He
lied many remedies but all failed
till he used Dr. Kings New DiscOv-
cry Ate using one bottle" no
writes, 4 went back TO work as well
as ever" Severe Colds, StOub born
Coughs, infIsmed threats and sore
lungs. HemoTrhages. Group and
Whooping Cough get quick relief and
prompt cure from this glorious medi-
cine. soc and S100- Trial bottle cree,
guaranteed by all druggists.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-06-10
Of
SUPREME COURT
Decisions Handed Down by
Florida's Highest
Tribunal.

Tallahassee, June 9.-The follow
ing decisions have been rendered by
the supreme court:
FRAUD AND DECEIT.
In the Supreme Court of Florida. En-
Ranc, January Term, a. D. 1909.
w. H. Britton, Plaintiff in Error. vs..
J. F. Moore and W A. Hood,
Defendants in Error. Walton
County, Taylor, J.
Fraud and deceit-pTOOfs must
sustain allegations.
l. Where the plaintiff, in an action
for fraud and deceit in inducing him
to contract for the purchase Of land,
alleges in his declaration that the de-
PENDANT falsely and fraudulently rep
resented to him that he, the defend
ant. owned and held in fee simple
the said described land, such allega-
ton is not made out or sustained by
proof showing that the defendants
agent. in reply to the question by the
plaintiff ARE these lands fee simple
lands and can you give a good title?''
replied. he could he didn't say
who could" Particularly where
other undisputed proofs in the case
showed that the defendant held the
equitable title to the lands and con-
trolIed the legal title thereto.
, IN an action based on false and
fraudulent representations and deceit,
the impressions made upon the mind
of the person alleged TO have been
deceived by the false representation is
the chief subject of inquiry, not the
impressions made upon the mind Of
disinterested bystandeT who heard
such representations. The plaintiff
in such a case is or is not justified
in acting upon such representations
as they may have impressed him, not
as they may have impressed a dis
interested bystander.
Judgment reversed.
w. VI. FLOURNOY, for plaintiff
in error.
DANIEL CAMPBELL & SON, for
defendants in error.
NONSUIT WAS ALLOWED.
In the Supreme Court of Florida.
Division A, January Term, A. D.
1909
MizeH Live Stock Company. a Cor
poration, Plaintiff in Error, VS..
The J. J. McCaskill Company,
Corporation, Defendant in Err
ToT Walton County, Shackle-
ford, J.
Where the only entry in the record
in the nature of a judgment is as
follows it does not constitute a final
Judgment: The plaintiff on the trial
of this case. after the ruling of the
court sustaining the defendants OBJ
lection to the introduction in evil
denCe of the paper under which
plaintiff claimed title. stated in open
court that on account of such rul
ing it was necessary for it to suffer
a non-suit. and requested that it be
allowed to file bill of exceptions. so
as to have the said ruling of the
and by order of the court such non
suit was allowed and plaintiff was
granted thirty days from this date in
which to present and file the bill of
exceptions"
Writ of error dismissed.
c. L. WILSON, fer plaintiff in
CTrOt.
". W. FLOURNOY. for defend
ant in error.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-06-10
TERsELY TOLD.

Chas. Barclay of Lillian. Ala, was
a registered guest at the Merchants
yesterday.
E. S. Randall. of Ensley, is in the
city on short business trip.
j. G. McGowin, of Chapman. Ala,
arrived in the city yesterday and
registered at the Merchants.
DR.. and Mrs. D. G.. Murrell, of
Paducah. KY. arrived in the city
yesterday on short visit, registering
at the Escambia. DR.. Murrell is a
prominent physician of Paducah, and
visit, thought he would come to Pen
sacola before returning home.
A. Seasons. of Bombay, was reg
istered at the Escambia Tuesday
night.
Manager Jack Berlin of the Pen
sscolas desires to challenge the Ma
rines or Seventy Seventh Company
teams or both. of them for a game
Sunday afternoon. If both accept
a double-header will be played.
Mayor l. NJ. Rhoda and H. S.
Lara, OF M1LOns were among the
business visitors to Pensacola yes
terday.
Judge J. Emmett Wolfe left yester-
day for Vernon, where he will pre-
side over the circuit court which con-
veaes today. From there he will go
to Mariana to hold court in that
county.
Miss May Vaughn, daughter of the
late John B Vaughn. is soliciting
funds for the Cripple's Industrial
Home, which has as its purpose sus-
tanning and educating cTipples to be
self-sustaining
The case of the American Naval
Stores Company VS.. the Louisville
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-06-10
FUNERAL OF MISS
ANNIE CUMMINGS.

The remains of Miss Annie Cum
mings. who died Tuesday night, were
placed at rest yesterday morning in
st. NIichaeTs cemetery. The funeral
services were attended by a large
number of friends of the deceased
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-06-10
EsI PIIEsI PILES

cure Blind. Bleeding and Itching Piles
1t absorbs the tuH1ors- ailayS itching at
once acts as a poultice. gives instant re-
lief williams Indian Pile Ointment is
prepared for Piles and itching Of the DTi-
vate parts. Sold by druggists mail soc
and 81 90 Williams Mfg Co, Props
Cleveland o. Sold by Hooton's Phar-
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-06-10
The Clutter Music
House
A Few Specials.

New Pianos, $500 per month.
Used Pianos, $500 per month.
Square Pianos, SOC per week.
Artist VioIins, $50 to $50, S. per
month.
Victor and Edison Photographs,
S1.0o per week.
Records-35e and Soc, Edison Rec
ord; DoubIefaee Victor e records)
75c each.
Hear Caruso, MeIba, Scott, and ali
the celebrated artists on VictreIa
every afternoon.
Music Rolls. SOC to $500.
New Popular Sheet Music received
daily at 25c each.
A large line of new pianos on
monthly payments.
Pianos Tuned, $500.
Pianos rented, $500 per month and
up.
Pianos stored, 500 per month.
Player Pianos, the best ever.
Several good used upright pianos,
from $50 to $500, $500 and $500 per
month.
In our repair department we have
three first-eIass men and guarantees
satisfaction. We can make your ole
piano look like new-on monthly pay
ments, if wanted.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-06-10

A lot of old newspapers
tied up in neat bundles for
sale, sc a bundle, at The Jour.
nal office.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-06-10

or doses OF 1866" will cure an,
case of Chills and Fever. Price Csc
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-06-10

and Nashville was continued in the
United States court yesterday, the af-
ternoon being devoted to arguments.
The case will not be resumed today
l.. ]. Reeves, attorney for the plain
tic,
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-06-10

A. Seasons. of Bombay, was reg
istered at the Escambia Tuesday
night.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-06-10

Mayor l. NJ. Rhoda and H. s.
Laird. of Milton, were among the
business visitors to Pensacola yes
terday.
The Ketchikan miner., 1909-04-24
Beware of the Muledriver

The government is sending out
 warning to the public against being de- ceiyed by the report of men claiming
 10 be connected with the L. $. geo. logical survey. It says:
 Employment by the United States geological survey, even for short
 time or in any capacity, appears to have commercial value that is rated high. Even the cooks and teamsters of the field parties refer proudly to their connection with the survey and
 reap the re.ard of popular credit that attaches to their public service.
 '.rbe advertisement of such connec- ton after t ceases, however, has some . times heen the source of trouble or embarrassment to the survey, especial Iy where it is used for the furtherance of doubtful mining schemes, and the survey desires to give emphasis and
 vide publicity to the fact. now fairly
 well known, that no member of it's scientific c1rps is allowed to do private professional work in the United States during his employment.
 The rules of the survey are, in- deed, sC stringent that no one con nected with it in any capacity Y neither as messenger, laborer, clerk or scien- tist- permitted to hold stock in any mining company in the United States.
 The public is warned to look carefully into the statements and the standing of any practicing mining engineer who advertises present connection
 with the survey.
 ''The fact that the staff Of the geo. logical survey is not composed eZclu- sively of geologists is too often over
 looked. Of the twelve hundred or
 more persons connected with 1t in 1908 not more than per cent. are geolog- isits. and not more than l per cent. are engaged in work whose character implies ability to determine the merits of mining prospect or enterprise. ;
The Ketchikan miner., 1909-04-24
A Decision for Prospectors

Here is an Interesting decision on a mining claim located by two per- sons, the one finding gold first given priority.
 One person located and staked a placer claim on May 25, but made no discovery at the time: and there- after left to get supplies and neces- sary equipment to proceed with the development work. In the meantime another person located and staked the claim. and when the first locator re- turned, on June 9, he found the second locator in possession. The first locator entered peaceably on June g, built cabin and proceeded to sink a shaft. During the same time the second loca- tor remained ou the claim, living in 2 tent, and was engaged likewise in sinking shaft. The first locator found sufficient gold in the shaft sunk by him to warrant him in the expendi- ture of further time and money in the development of the claim. The loca- tion made by the first locator on May 2, unaccompanied by discovery at the time, gave to him no right subse- quently to return and take possession of the claim after the second locator had made due location and taken poss- ession for the purpose of exploration. But both locators being in possession by common consent on and after June s. it became a race of diligence between them to discover gold, and he who first discovered it obtained the prior right. While his discovery did not relate back to the date of his To- cation. yet his location was made valid by discovery and became effective from that date, and gave him the full right to the claim to the exclusion of all others.
The Ketchikan miner., 1909-04-24
United Press special =

Seattle, April al-The steamer Bertha sailed last night loaded with material and men for the construction of the lighthouse at Hinchinhrook.
 She also las many passengers for Seward and other Alaska points, with mining men and sannery material.
 United Press special
 San Francisco. April el-The ind iugs of the Northern Board which revoked the license of Captain Wag- ner has been reversed, and 1he master will be reinstated.
 Captain Wagner was in charge of the Star of Bengal which went down, drowning couple hundred Chinamen. He claimed that the tugs abandoned his ship at dangerous point.
The Ketchikan miner., 1909-04-24

she will he held for breaking interua- ,ionaI law in regard 10 fishing with in three miles of the Canadian coast.
 The cruiser observed the American vessel of the west coast of Vancouver island an6 immediately gave chase. The fishing best put on all steam and started 50 run and for iour hours the chase was maintained when The cruis- CT overlook and captured the vessel.
 The question Of right to fish in Heca,e strait Is an open one and the capture of this ship fl j. is shown she wss 6shing within that body oi water, may result in very serious complica- tiorS, though the law is plain that American vessels are barred from fsh- ing within three leagues of Vanco0 yer island where the incident is said 10 have taken place.
The Ketchikan miner., 1909-04-24
NO IT

Nature has so distributed her wealth and hidden it from the eye of man, only leaving indications, surface dis turhances and other signs, whereby he nay by great labor and persistency, follow her inward course, and by care- ful observation of the many rock char acters, may the miner hope to gain the knowledge which will lead him along the most economical road to success.
 Copper mining during the past de- eade has been extremely profitable to those engaging in this industry, when properly equipped as to finances and mining experience. The cost of pro- ducing one pound of refined copper has ranged from ! to 13 cents per pound, according to the management and circumstances surrounding the mining and smelting company.
 The price averaging about IS cents per pound, during the time with an unlimited market, has caused the opening up of many new properties and an accelerated production by the old companies, who have earned, in many cases large dividends and heavy production.
 Statistics prepared by mining journ- als, state that on the first of February there was in stock only two or three months production unsold, or held by the metals selling companies. That is not much hardware to carry on our shelves and with the present curtail- ment in production we may look for better prices soon.
The Ketchikan miner., 1909-04-24
Canadians in the Swim

Canada has erected on the A. Y. P. grounds a handsome building that will contain as large an exhibit as some of the main exhibit palaces, and there has already arrived for the display, q shipment of several carloads contain ing the exhibit of Canada at the Franco-British Exposition at London
 last summer This shipment will form the nucleus of he Canadian display, but the Canadian Colnmiss oner has gathered from throughout the DOmin- ion, and especially from British Col- umbia, complete exhibit of the agri- cultural, mineral, timber and fisheries resources of the country.
 Canada will make strong feature of the facilities of her lands for dairy ing purposes, and will be strong contender in the live stock show,, which will be held at the Exposition in September, ard will be the largest live stock exhibition ever gathered in the west. Canadian breeders of high grade stock have already made numerous entries for this event, and win make a strong showing against the entries from this side of the line.
 The Canadian building will be com- pleted by the end of April, leaving a full month for the installation of ex- hibits. The building occupies one of the choicest sites on tine fair grounds, especially in regard to the view 1t commands. From the balcony of the building sweeping view of tho Ex- position may be obtained, while Lake Washington lies at the foot of slope to the eastward, and the Cascades loom up beyond. Mt. Rainer is seen to the southeast and Lake Union to the Southwest, with a distant glimpse of the Olympcs beyond Seattle's hills. The formal gardens, a feature of tho landscape work on the Exposition grounds, lie at the foot of Cascade CoDrt, and extend past the Canadian building. Nearby is the music payi- lion, where the finest bands in Amer lea will play during the summer.
The Ketchikan miner., 1909-04-24
United Press special

St. Louis April 2I-Jsmes Ca5an- mes. whose son was kidnapped a week ago. has received 2 letter from the criminals demanding ten thousand doilars ransom for his return. This case is 2 peculiar one. When the child was first taken, his father was nosi- fed that be would he returned with out ransom in two weeks and un- harmed. The kidnsppers evidently intended to thus evade immediate search. CabanDes is travelling sales man and has put the matter in the hands of she police.
The Ketchikan miner., 1909-04-24
United Press special

Juneau. April 2l-The Douglas City lodge Of the Arctic Brotherhood was installed lasi night by past grand chief L. $. Keller Of S.ag ~sy.
 There Eas large gathering and 2 big social time was held. The new lodge will be known zs Camp Tread well.
The Ketchikan miner., 1909-04-24

Half the reason for neglect by con- gress 10 give some measure of atten- tion 10 our needs, is simply ignorance. The onig way to meet the condition is to educate them and the only way 10 Go that is to get in touch with the people who can best disseminate the infOr nation. This is one way oi getting in touch.
The Ketchikan miner., 1909-04-24

in the state. having served in the house of representatives as speaker and was three times elected to the United States Senate.
 He was born in Hamilton county, Ohio. in isoe, and graduated from Kenyon college, that state. In 1851 he was appointed Judge of the court ci common pleas in Logansport, h. jana, and in 1858 was made Judge oi Indiana circuit court. He was states man of merit.
 United Press special Constantinople. Aplir 9 The agreement between the Sultan and the invading troops, whereby he was to retain the throne without executive power. has been annulled and the young Turkish troops are preparing to attack the palace.
 Civil war is threatened through the domain and every action may mean the launching of terrible battle.
 Reports are conflicting but it is all most certain that twenty thousand have been massacred in the interior. Foreign powers have notified the government that troops will be landed ana the aggressive rioters extermna- ted if the slaughter is not stopped. United Press special
 Seattle, April 22-rhe state depart ment at Washington has advised the directors of the 4. '. P. Exposition that foreign troops will be permitted 10 cross the border and invade the grounds upon whichever date Canada may set for the invasion.
 This means that great big feature is to be added to the Dominica Day celebration on July 1st, which is also Dominion Day at the Exposition. for the plan is to bring the Duke of Con- naught's cavalry to Seattle and give Washington it's first view of British troops upon it's own territory.
 Canadians resident in Seattle are planning to make Dominion Day the second biggest day of the Exposition They admit that Seattle Day, June l2, will be the "very biggest" but they promise to give even that event race l for the honors.
 Under tho rules c. the state depart ment it will be necessary for the visiting government to ask permls- sion for it's troops to go upon United States soil. but Ambassador James Bryce has been advised of this for mality ard it is understood he will make the necessary representations.
The Ketchikan miner., 1909-04-24

The Oriental question tx reaching an acute stage in Seattle. The Times points to the encroacbment of the Jap upon the mercantile industry in Seattle. The Record, for more than a year, has been telling the business man and the small manufacturer the cheap keip they have been employing vas menace: that the Japs were ac- cepting the employment as school to educate themselves in the arts Of trade as competition later. If the business man loves the Jap so well, why should not the workingman embrace him and purchase his supplies of him when he starts upY It might be worth trail. Seattle Record.
The Ketchikan miner., 1909-04-24
-Uoised Press special

Lster-Fresb massacges have broken out in the interior Ten thousand xonen and children tortured 10 death.
 The Sultan has reached an agree mens with parliament to retain his seal ou the throne but will be stripped of al executive power.
 The yogng Turks have declared the city under martial law and have taken possession of the city's management.
 Troops from foreign wsFshiPs are being landed for the protection of non residents.
The Ketchikan miner., 1909-04-24

Above Is a COPY Of ths cablegrsm sent by kescbikan's mayor 10 the President of the United States. h it. self il is not so significant. but con- 5ined with those sent by every city iu Alaska. the result may be 10 get some attention directed this way which will result in good.