davidaulloa/AmericanStories huggingface dataset:
The Julesburg grit-advocate., 1909-12-10
vlee-PresIdent Sherman.

both House and Senate were turned
into conservatories for the time Of the
opening proceedings.
At sharp noon Speaker Cannon
called the House to order and asked
the chaplain, Rev. Henry N. Couden,
to sffer prayer. In his prayer which
was in a sense Thanksgiving offer
ering. the chaplain referred to the
prosperity Of the country, the oppor-
tunities Of the present and the bright
hopes and promises of the future.
Absentees Are Few.
As soon ss the prayer was ended
the clerk of the House called the roll
Of membership by states and it was
found that there were only a few ab-
sentees. The roll call ended the read
ing clerk of the Senate who had ap-
peared In the House was recognized,
and he announced that the Upper
House had passed a resolution to in
form the House Of Representatives
that 4 quorum of the Senate being as
sembled, that body was ready to pro.
ceed to business. The House also
was told that the Senate had appoint.
I'd . committee to Join a House com.
mittee to inform the president of the
United States that quorum Of each
house was present and that congress
was ready to receive any communica.
ttoa that he may be pleased to
make" On receipt Of this message
The Julesburg grit-advocate., 1909-12-10

sion, he gave no evidence Of it when
he took the chair as presiding oHcer.
He was greeted with great applause
from the galleries and from the floor
Of the House, many Of the Democrats
am insurgents joining in the demon
stration. though in either case pos
sibly the hand-clapping was given as
an evidence of regard :or the ofice
of speaker, rather than a. evidence of
any overweaning affection for the
speaker himself.
With the committees ready to begin
work, the House will settle down :.
its winters business at once. No bills
all measures must be considered in
committee. and the meetings of the
committees will be held daily from
now until the Christmas holidays and
some of the more important House
bodies will sit during the recess.
When congress reassembles in Janu-
ary many Of the committees will be
ready to report bills. and the debates
of the winter will begin.
Opening Of the Senate.
Vice-President Sherman called the
Senate to order at noon. Rev. Ed
ward Everett Hale, the chaplain of
the Senate, having died during the
summer recess. his place as chaplain,
temporarily, was taken by local
clergyman who offered prayer. In the
Senate the roll was called and 1t was
found that nearly all the senator's
were in their seats. The resolutions
were adopted to the effect that COM
mittees be appointed to inform the
House and the president that the Sen.
ate had assembled and was resoy to
begin the business Of the session. As
was the case in the House many bills
were introduced for consideration dur
ing the winter by senators who. like
the representatives., desire to have a
hand in forwarding administration pol
icies.
After a comparatively short session
"in the open." the galleries were
cleared and the Senate went into ex-
ecutive session behind closed doors
for the purpose Of considering nomin-
ations for ONCE sent to the Upper
House by President Taft.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-30

Mrs. George WEIGH and, the child
rem have returned from q two weeks
visit to the farm of o. WEIGH, near
the home farm. They had . pleasant
visit with old friends and neighbors.
Miss Bell, stenographer for Judge
Carmody, left on. No. 4 Tuesday Tor
Bottineau. being called there by the
severe Illness of her brother. 5
Miss Hart of Omaha. Neb., and
her cousin, Miss Lyon, OF Minneapolis
were arrivals Tuesday. noon to visit
Miss Remington. Miss Hart will e.
main some weeks. She lived here
with her parents for 9 year and at
tended the public schools. Ri II
Martin Hatton of Washburn, was
a visitor in the city Tuesday on bust
ness. 81. ~, Z f Z lts q ssS " 4. e E.
T -. Mrs. L. w. Healy has returned
from visit with relatives at Sioux
City and Minneapolis. ~. 25]S Al. .f5.
Il B. n. snodgrass and Peter Beau
champ of Berthold reservation. are
seeing. the sights In the city for q
few days + u ,s;.. .. IA. @ III.
r.. r. Hictke, = banker from
Ashley, was In the city ON a business
trim Tuesday afternoon. I'll Ms z$ Il In * 4 /
4 Miss Ethel Moore and her cousin,
Rhea Asselane, returned from Min
neapolis Sunday. Miss Asselane will
remain in the city for couple Of
weeks - the guest Of Miss Moore. \
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-30
Correspondence
q = q = q = 4 = q Z 4 q q q 4
= CENTRAL MERCER NEWS. 4
a a a A a a A a a a A a n a a

= CENTRAL MERCER NEWS. =
q 4 q q q q q = q Z = = = . =
A fine rain fell in this section Fri
day night and all vegetation shows
the effects. G.$>.
R. Roberts made a trip to Stolt-
ington after culverts for use in the
Nc. 10 road district #@
In honor Of his parents who are
visiting from Nebraska, a large
group of friends surprised Mr.. and
Mrs. H. J. Roberts at their home on
Thursday afternoon. A fine supper
was served, after which all joined In
singing, and as dusk approached the
guests departed for their homes. DC.
J. r. Stewart Of Reinbeck, Ia, was
In the vicinity OF Aplin last week.
He sold A. J: HOLSTER quarter Of
land at SIS, per acre.
| Ole Johnson and Isabelle Hender-
son spent Sunday afternoon at the
Roberts home, %a
IA great many new barns and gran
aries are being built by the farmers
west OF Aplin.3.,
Hay IL q scarce article in these
I2p4rts and the sooner the farmers
SOW tAMe grass seed the better twill
Ibe for Them. -, 8
Kendall OF Frederick, IS. ~,
was 1T the home 4of b. F. Evans on
lAnd buSinessa last week.
ChiIdren,s Day exercises held by
the Pheasant View Sunday school,
were q grand success. {<
Mrs. Richard Walker and his sister,
Miss Emma, visited at the Roberta
nome Sunday. i !,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-30
COL, LITTLE HOME,

Col. c. B. Little returned Tuesda,
from Pembroke, New Hampshire
where he was called by the death OF
his mother, who had shortly before
her death gone from Boston to Penn
broke, expecting to spend the sum
mer at the country home. Mrs. Little
at the time of her death, was 70 years
Of age, and her death was due to 9
general breaking down. She was
greatly shocked and grieved at the
sudden death of Col. Titles father
about a year ago, and never fully re-
covered from 1t. The funeral war
held at the old family home. Col
Little returned by way Of New York
where he spent day, ana reports the
weather insufferably hot, and the
same temperature followed him to
Chicago and st. Paul. All through
the east there is a hot wave out OF
the ordinary for June.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-30
A, C.. SHORT TALKS NO 20,

A. 6. SHORT TALKS NO 70.
Late seeded fax is a gamble and
should be INDUCED in only when you
can afford to lose the seed, the labor
and the crop. ~
/. In ordcr TO do the most good sum-
mer fallow must be finished before
the weed seeds mature. ~.s 7
The best and most profitable sum-
mer fal1ow is that which produces q
crop at the same time that / It de-
stroys the weeds and cultivates the
soil. r,,>r. ~ II. / .%s
A bare summer fallow should be
narrowed to start the weeds and lat
er on disced in order to prevent their
going to seed. a no Es..l " Il &;
Machinery put In order now TOR the
seasons RIM viii save time and ex-
pense q little later on. H.. g.. NTH. +.
The horses like grass pasture. but
Do mot depend too largely ,,ipon It,
Harvest time will call for the best
there 10 in your Ateams. i { Ee5 ;..5 s5
Keep the corn sploWs going 40 late
In the 9eaSsnas possible, and run the
lsshoveis a. shallow ~, YOU can. Deep
scultiyatfonr cuts On 4 laFge percentage
Of the surface feedtng roots that will
be needed during the latter fpart Of
the season II the crop 10 to be brought
TO maturity. \ II ! ]. \ b
The SOW and little pig, should have
c0ol. shady place where they can
rest from the heat lof the sun. M
\ Accust0mj the colt to staying in
the barn or the paddock during the
time that the mare Is working IN the
field. 81 s5 s4 tssy j
There 10 no time 70 good Eas that
from the present until harvest to
make note Of the places IN the field
that need DRAINAGE. fertilizer ors q
different croD rotation. Note down
the color md crud ton 81. the crop.
and latercH In the seasoa snlan ont q
stFon rotation for the farm tthAt shall
give tO each field hi turn clover
crop, q cultivated CROP and manure.
These worked into grain rotation,
Will blild up the land and increase
the fields.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-30
ASSISTANT ATTORNEY GENERAL

Attorney Young of Lansford, N. D.,
has arrived in the city and will at
once enter upon his duties as assist
ant attorney general. The new law
going into effect July allows the Of
fee of attorney general two assistants
where in the past there has only been
has already rented house here and
will move his family to Bismarck in
the near future.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-30
In the Supreme Court
Filed 20, 1909.

Filed June 20, 1909.

20 years of age, was injured while
in defendants employ in attempting
to operate dangerous contrivancs
which defendants manager hat
caused to be recently installed fol-
the purpose of utilizing power from
a gasoline engine used at defendants
grain elevator in pulling cars into
position for loading grain. Such con
trivance consisted of wooden drum
or capstan which was securely boltee
to the shaft connecting the engine
to the machinery in the elevator, and
also long rope extending from such
drum or capstan to pully attached tt
the rail of the railroad track about
thirty feet distant and at right an.
giles Herewith and thence along the
track to the car to be moved. The
scheme was to pull the car by causing
the rope to wind upon such capstan
as the shaft revolved and in order
to operate the same it was necessary
for someone to stand back of such
capstan and pull the rope sufficiently
taut to create enough friction to
cause such rope to wind. Plaintiff
was, by defendants manager, assign
ed to such duty and he was injured
during the first attempt to operate
the continuance, by being caught by
such rope and pulled upon and around
such drum.
Held, That the questions of defend
ants negligence, of plaintiffs con
tributory negligence and his assump-
ton of the risks, were, under the
facts, properly for the jury.
The rules of the law relative to
the respective duties and rights of
master and servant regarding obviour
risks of the service and in respect tt,
negligence, assumption Of risk and
coniributory negligence are stated at
length in the opinion.
At the close of plaintiffs case de-
fendant moved for directed verdict,
which motion was denied and an ex
ception taken. At the close Of de-
PENDANTS testimony and after both
parties had rested such motion war
renewed and like ruling made, de
fendant saving an exception. There.
after plaintiff asked the court to in
struct the jury that the only question
for them to consider was the question
of the extent of the injury, and the
amount of damages, it being plaintiffs
contention that the evidence was con
elusive In his favor upon all other is
sues. Such request for instruction
was granted and defendant except
Cd.
Held, That such ruling was prejudi
cal error. Defendant was improperly
deprived of his right to a trial by
Jury Of all the issues, such right not
having been waived, and the trfa'
court was not warranted in the as
sumption that defendant in making its
said motions thereby waived q jury
and submitted all issues to the court
for decision.
(Syllabus by the court.)
Appeal from district court of Casr |
county, Chas. A. Pollock, Judge.
Action by Ray Umsted, minor, by
Albert Umsted,, guardian ad Item, !
against the Colgate Farmers Elevator |
Co.,
From an order denying defenant'r |
motion for Judgment Notwithstanding |
the verdict or for new trial, defend |
ant appeals.
Reversed and new trial ordered.
Ball, Watson, Young and Lawrence
for appellant.
w. J. Courtenay, for respondent.
Opinion Of the court by Fisk, J.
All concur, except Morgan, c. J.
not participating.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-30
ATTENDED EXERCISES.

DR.. S. G.. Forbes was in the city
for few hours Tuesday. He was
on his way home from Valley City
where he attended the graduating
festivities last week at the normal
school. His family live in Valley
City, where his daughters are attend
ing school. He went home in the
automobile of Cashier Johnson of
Dogden, in company with Cashier
Funk of Washburn, who were also in
the city Tuesday.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-30
7|' |l / Id { ! 4
GROCERIES and NOTIONS

Z bars 12-oz. Pickyou Laundry i,
Soap for ~. .....>. ......, -. 525c
There is no better Laundry Soap
than this.) p "
1907. bar ;Glycerine Soap, 3 bars. Csc
4 bars Toilet Soap for .......... 10o
4 dog. Clothes Pins for ......... O50
Large sized galvanized Tubs with
: q place hxed for wringers,
Lemons are higher now. per dog. 35c
No. 3 sized cans very best Sliced
Pineapple for .......... .%..... ESQ
No. 2 large sized can standard :.
sliced Pineapple, 2 for .....:.. Csc
No. large sized can Oregon 4
White Cherries ........ $50. 100
Large sized Watermelons ON ice. $50
Fancy Table Butter, per lib. .s..... 25e
Fancy Table Butter in a5.lb. jars, n
y per lbs. !. ...'r.... 49,. $50. 22n
Fancy Table Butter in lob. jars,
per Ii. 49,. -. ..... -. 200
Fresh Eggs, per dog. 80. ......... zoe
An extra nne fine of Coffee, al1
grades, in stock I, ~ ,Fg ,5fs>> . I. +
e Z. s
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-30

dinner given at the Grand Pacific on
Sunday. Covers were laid for sixteen.
The guests were Gov. and Mrs. Burke
and family, Judge and Mrs. Fisk and
family, Judge and Mis-. Ellsworth,
Judge Spalding, Miss Maloney, Miss
Fisk and Miss Bell.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-30
DR.. MATCHAN ILL.

DR.. W. G. Matchan is confined to
his bed with a severe cold which fol-
a time threatened to develop intc
pneumonia. Last night he was rest
ing easier and it was hoped the ad
vance of pneumonia had been check
ed. His friends hope he will pro
gress satisfactorily and make speedy
recovery.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-30
oss your -, Flr.works Il X nappsn's.
PASTOR MAoiIN 0lvEN vAcATios

PASToR MA0IN 0lVEN VACATION.
/ At the meeting Of the board of
trusteeS 81 the McCabe M. y. church
held Tuesday evening, II was voted
70 grant the pastor q four weeks
leave Of absence. Mr.. Magin III VIII
leave either "Wednesday or Thursday
but has not decied On Just What
points i,s viii visit as yet. The null
pit ii the church Will be supplied
during MI the services. Among the
other business transacted W. the
ordering of the rest of the windows
for the church build ding. Rev. Magfn
win be IN Minneapolis during his va
cation and VIII then look over the pat
terms and designs and make 4 report
on Ills return to the city. sis5.s
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-30
EmeIia Dusbabeck johnson, respond
ent, vs.. Albert Rickford, appellant

~~O~~~SSN
ent, vs.. Albert Rockford, appellant.
That part of section 1889, Revised
Codes, 1905, originally passed as sec
ton 6, chapter So, laws of 1895, in
the words, provided, that all corral
fences exclusively for the purposes Of
inclosing stacks, If outside of any
lawful Enclosure, shall not be less than
sixteen feet distant from such stack
so Enclosed, shall be substantially
built with posts not more than eight
feet distant from each other and with
fence wire, and shall be not less than
five feet high" is applicable, during
the t'open season." to those counties
of the state in which the provisions
of section 1888, Revised Codes, 1905
permitting live stock to run at large
from the first day of September until
the first day of April of each year,
have not been abolished by an cleo
ton duly held for that purpose.
In the county of this state in which
the provisions Of section 1888, Revised
Codes, 1905, are operative, party
can maintain an action against the
owner of ranging animals for the dam.
age occasioned by the breach of a
lawful fence, under the provisions OF
section 1910, Revised Codes, 1905, only
upon a showing that at the time of the
alleged trespass he had secured his
property by strong and sufficient
fence against the intrusion of live
stock, and, that Notwithstanding the
protection afforded by such fence, the
animals have preached and broken
such fence and destroyed property
within the Enclosure.
A good and sufficient fence deemed
in law sufficient to exclude ranging
live stock, between the, first day of
November and the first day of April
in each year, in those counties in
which the provisions of section 1888,
Revised Codes, 1905, are operative,
must in heighth, strength and distance
from inclOsed stacks, comply with the
provisions of section 1899, Revised
Codes, 1905, or present barrier as
effective for the purpose of fence
as that described in that section.
The party bringing an, action in
damage against the owner of ranging
animals during the "open season" for
live stock, for breach of an enclos-
ure under the provisions of section
1910, Revised Codes, 1905. who does
not show upon the trial that at the
time Of the alleged trespass he has
secured his property against the in
trusion Of animals by q fence deemed
in law suficient to exclude them,
fails to show liability on the part
Of the owner of such animals, or to
q cause OF action against
him.
(Syllabus By the court.) !
Appeal from district court OF Griggs
county, E. r. Burke, judge
Action by Emelia Dusbabeck John.
son, against Albert Rockford, for DAM
ages occasioned by breach of an in
closure by live stock. From judge
ment for plaintiff, defendant appeals.
Judgment reversed and action dis
missed.
Lee Combs for appellant.
A. M. Baldwin for RESPONDENT
Opinion of the court by Ellsworth,
J. 49,
All concur. except Morgan, c. j.,
not participating.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-30

Miss Anjunvana Wood gave ! Dic-
mic Sunday afternoon. Quite q few
were! lpresent and had good time.
Mr.. II. Henry led the league
Sunday evening ssz.:
Mrs. n. NeipStein and Mr.and Mrs..
.Agnew visited friends at Mckenzie
Sunday. 1 st " s.z
~ Glen Lamb visited home felix's s-On
SUNDAY. He u EMPLOYED IN the Cap
.ital City. 5si!
Mrs. II. K1eipstein celebrated her
birthday Thursday BY enterfAing !
few Of her friends in thexevening.
Miss Josephine Nelson visited =
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-30
CONDEMNATION REQUIREMENTS

In district court at Jamestown,
Judge Burke held that the Midland
Continental railway company must
show that they had equipment and
capital sufficient to build and equip
and operate the road before condem-
nation proceedings could go on.
The plaintiff proceeded to put In
their case preparatory to an appeal to
the supreme court-which may delay
matters a year.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-30
few friends in the Capital City last

few friends IN the Capital City last
week.
L. E. Gallagher leaves for Illinois
Wednesday. Understand the wed
ding bells will ring soon.
Mr.. and Mrs. V. M. Craven will
leave for Seattle, Wash, Tuesday to
see the fair. -
Miss Amelia Olson is visiting in
Bismarck this week. =.
C. B. Johnson called at the home
Of C. D. King one or two evenings
last week. ,5rF go . .-'
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-30
FOOD SALE.

There will be a food sale held at
the Grand Pacific sample room Sat
urday afternoon. There will be the
usual array Of good things offered
for SALE. and while the supply will
be large and varied 1t behooves those
who like the good things of life to
get in early.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-30
= BUNS BOUCHER PRoPERT

IL BUYS BOUCHER PROPERTY.
r. H. L. Vesperman has bought the
N. F. Boucher property at the corner
of Sixth street and Avenue A.. He
,expects to take possession about the
middle OF July. The purchase includes
the house at the west end of the
lot, and there is an excavation and
stone on the ground for the foundation
for another house. Mr.. Vespermap
states that he will probably build an
other house facing Sixth street.
Get xoue EieA,aeoclcR NJ KaannAnya
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-30
THE CITY
; = I: :. !: > = !: :. = : > = = I
} OFFICIAL REPORT.
For Twenty-four Hours, Ending
8 .. M, June 20, 1909.
Maximum 49,;

= Temperature - Maximum 80; :
= minimum ~.
= Precipitation - Trace.
= Wind - Maximum velocity 30 Z
= niles per hour from the east.
. Prediction Showers and :
= cooler Wednesday.
= = = : + = = + = = = = = = 4
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-30

'COrToSpOuOout. n. Z. m0OtAA6 "
night. Semi-yearly report Social
time.
Leader: There will be meeting
conducted in the Scandinavian lang
uage at the Salvation Army hall on
Wednesday night, June 30, at 8
o'clock. Scandinavian songs, solos
and talks. All are welcome. J
Secretary: The ladies' aid society
Of the Presbyterian church will meet
with Mrs. I. NJ. Capper. 701 Sixth
street, Thursday afternoon.
Secretary: The ladies aid society
of the M. E. church will meet with
Mrs. A. ]. White, 314 Second street,
Thursday afternoon. /.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-30

Filed June "a, 1909. ~,
Ray Umsted. minor. by Albert Un,-
sted, guardian id LItem, respond
ent. VI. The COLGATE Farmers Ele-
votor Co., appellant.
Plaintiff, minor. between 10 and
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-30
DAN

Nordley's will give a dance Satur
day, July 8. Good music and good
time assured. Come one, come all.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-30

JUDGE cARMODY ENTERTAINs.
Judge Carmody was the host at a
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-30
HOUSE PARTY.

Miss Elizabeth Remington is en-
tertaining party of Ave young lady
friends from Minneapolis at a house
party this week.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-30
lcE CREAM SOCIAL,

The young ladies of the Catholic
church will give an ice cream social
at Romans cafe and bakery Thurs
day evening, beginning at 8 o'clock.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-30

See the eHURRICK (" Refrieerator6
Ia use at Wolbeft Hard wa-A 20. En-
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-30

WANTED
q. 70 Rsnt Modern heuss. chas :,
6 0tatt.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-30
PERSONAL.

Get your Flre~orks At knappen's.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-30
What THY SAY

Correspondent: K. P. meeting to.
night. Semi-yearly report. Social