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The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-11-26
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FORTIFHEs NERVE FORCE FOR
AILENG PEOPLE


0 This treatment Is said to have ac- Z
o CURED wonderful reputation q
o throughout the east, owing to it's z
3 peculiar propensity to fortify the q
nerve force and generate health and q
y consequent personal magnetism 30 q
essential to the happiness OF every q
normal human being. 1t Is claimed q
to be a blessing to those who are y
physically impaired. gloomy. desmond y
ent, nervous and who have trembling q
2 OF the limbs, dizziness, heart palpi- 3
tation, cold hands and feet, insomnia. q
2 fear without cause, timidity In ven q
turing and general inability to act 3
nationally as others do. Also Of vast q
office workers and the victims Of 80. 3
ciety,s late hours and oyer-indulgence &
p In wines, liquors, etc. q
BY preparing the treatment at home I.
2 secretly, no one need know Of an 3
others trouble, while the ingredients q
q are much used In filing various pre- q
2 scriptiohs, so that even the purchase .
Of them separately need occasion no 3
timidIty. q
If the reader decides to try t. get
2 three ounces of ordinary syrup sar- o
saparilla compound, and one ounce Z.
compound fluid balmwort; mix and let @
2 stand two hours then get one ounce 6
D compound essence cardiol and one q
ounce tincture cadomene compound .
p mot cardamom), mix all together. g
shake well and take a teaspoonfui {.
q after each meal and one at night. 8
This contains no opiates whatever .
2 and may also be used by women who g
suffer with their nerves with absolute 3
Ats 3
; o o o o 9 o Q . g o 9 o o o 3
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-11-26

There is no case on record OF a cough
or cold resulting in pneumonia or con-
sumption after Foley's Honey and Tar
has been taken, as IL will stop your
cough and break up your cold quickly.
Refuse any but the genuine Foley's
Honey and Tar in a yellow package.
Contains no opiates and is safe and
sure. H. HI. Casselman.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-11-26
PILES
Quickly
Cured
instant Relief, Permanent Cure--Trial
Package Mailed Free to All
in Plain Wrapper.

we want every man and woman,
suHering from the excruciating torture
OF piles to just send their name and
ADDRESS to us and get by return mail a.
free trial package of the most effective
ana positive cure ever known for this
disease. Pyramid Pile Cure.
me way to prove what this great
remedy will do in your own case, is to
Just fill out free coupon and send to
US and you viii get by return mail
Tree trial treatment of Pyramid Pile
Cure.
Inen after you have proven to your
self what Ii can do. you will go to the
druggist and get 50-cent box.
Don't undergo an operation. Oper-
atoms are rarely success and often
lead to terrible consequences. Pyramid
Pile Cure reduces all inflammation,
makes congestion, irritation. itching,
sores and ulcers disc pear-and the
piles simply quit.
For sale at all drug stores at so
cents box
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-11-26

New York sun. The navy is for
battle, either of offense or defense.
Either that or 1t is futile junketing
and parade. If Secretary Meyer has
in mind a restoration of the service to
its proper and legitimate function, then
may all his works be blest!
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-11-26
ELECTROPODES

AFemetal in0oles, zinc and copper, the
sane as 9 salVanic battery. The zinc is
worn In one shoe, the copper in the
other. The nenVes themselves are the
connecting wires between the positive
Rnd negative, and every nerve Of the
body Is fed mild and soothing current
Of electricity the entire day, which posi-.
lively cures.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-11-26

Tit-Bits: Quite recently warship OF
the Atlantic squadron found it neces-
sary to call for a few hours at milf
tary port on the coast OF Ireland. Tom
my Atkins, meeting full bearded Irish
tar in the streeta couple of hours later
said:
Pat, when are you going to place
your whiskers on the reserve list?"
When you place your tongue on the
civil list" was the Irish sailors reply.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-11-26

washington Star: $50 your husband
promised you that he would never
play cards, except for fln?"
YES" answered young Mrs. Tor
tar in the street couple OF hours later
explained that he didn't consider X any
fun unless there was something IN the
way of money involved"
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-11-26
YOUNG'S CLAIM CHECKS

J. T. Young & Sons Bus and Trans
fer Co. will give you claim checks for
baggage to and from all depcts, hotels
and residences. Phone Is.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-11-26
DECISIONS OF SUPREME
COURT OF NORTH DAKOTA

trial, which motion was denied and
Judgment entered on the verdict.
Plaintiff appealed from the order OF
the court denying it's motion for judg1
ment Notwithstanding the verdict or
for a new trial and from the judgment
entered in favor OF the defendants and
respondents herein. Afterwards. on
motion Of the respondents, the attempt
ed appeal from the order denying a
new trial was dismissed.
As the case now stands this Is an
appeal from the judgment only. we
are met at the outset by a motion of
respondents that the Judgment ap-
pealed from be affirmed for the reason
that there are no errors assigned in
appellants brief and that no exceptions
were taken to any OF the alleged ruiz
ings. This motion must be granted
Appellant has not complied with Rule
IA of this court. There are no assign
ments of error in the brief. In a proper
case fe might relax the rule but we
cannot do so in this case as it is ap-
parent by bare inspection Of the abb
stract and amended abstracr, that there
are no prejudicial errors subject to re-
view on this appeal, no proper excep-
tons having been saved. Quoting a
long list of authorities)
Spalding, j., in concurring specially
said: THE affirmance of the Judgment
in this case results in a gross miscar-
riage of justice, but on a careful ex-
animation OF authorities, bearing on
the question raised, am unable to dis
cover any method by which a reversal
can be had on the record before us,
without violating well settled rules of
practice in this jurisdiction. For this
reason alone concur in the conclusion
that il must be affirmed"
Ellsworth, j., in concurring specially,
said: THE principle that ruling of
a trial court denying a motion to di-
rect a verdict. to which no exception is
taken by the party making the motion,
will NOT be reviewed on appeal to this
court even in a case where a motion
for new trial on the ground of the
insufficiency of the evidence was made
and considered by the court after that
time is announced in the case of de-
Lendrecie VS.. Peck, / N. D., 422 This
holding has not been expressly GER
ruled in any subsequent case although
a modification announcing rule thai
/ believe is on principle sounder and
more closely within the evident intent
Of the law regulating appeals is found
in Dahl VS.. Stake, IL N. D., 325. The
modification made does not, however,
extend quite to, although it closely APP
proximates, the facts of this case and
/ place my concurrence in the above
opinion solely upon the ground that
contrary view is not expressly sus-
tanned by previous holdings of this.
court.4u1a TIsaz@gin- .s,s .uag9 a9at so
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-11-26

In the supreme court, state of North
Dakota, March 1909, term. Charles w.
Johnston, respondent, VS.. Filing K.
Spoonheim and Paul K. Spoonheim, ap-
pellants.
1. Courts must be governed by the
facts and circumstances of each case
as considered, aid from them alone de-
termine whether the declarations Of a
party in interest made in the absence
Of the litigant, are admissible in evil
dence.
2. AS a general rule statements of
parties in interest, made in the absence
Of the litigant, are incompetent as evil
dence unless there exists, in the sur
rounding circumstances or the nature
Of the case, some acceptable substitute
for the usual Test of an oath and cross
examination. $40
3. The father Of the piaintin was
greatly involved financially, and with
his wife, decided to plaintiff a farm.
The consideration expressed in the
deed was 81. In a contest between a
creditor and the son in which the cues
ton of the good faith of the transfer
of the farm was involved, a notary
was permitted to testify to the effect
that the father and mother, when he
deed was drawn from them to the son,
state to him, in the absence of the son
and of the creditor, that Charles (the
SOM was dissatisfied with having
worked for such long time and re-
ceiving nothing for his labor on the
farm, and that unless he got something
to show for his work would go west
and take up a farm for himself, so to
recompense him for his work and give
him something to show for Il, they
were going to give him the farm. 1t
was not known what brought out such
statement by the parents Such state
ment was not made under circum-
stances which were a substitute for the
usual test Of an oath and cross exam
ination, neither was it a part of the
main act or fact and was made under
circumstances which admitted of pre-
meditation and voluntary Wariness
seeking to manufacture evidence
Held, That it's admission was preju-
dicial error.
(Syilabus by the court)
Appeal from district court, Grand
Forks county, Hon. C. j. Fisk, J. Re-
versed. Geo. A. Bangs for appellants.
Skulason & Skulason for respondents.
Opinion by Spalding, j., all concurring
except Morgan, G. j., dissenting. Hon.
C. A. Pollock, judge OF Third judicial
district, sat in the case in place Of
Fisk, j., disqualified.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-11-26

J. w. criser, interior and exterior
decorator, Wall hangings a speciality.
lilo Tenth street north. Fargo. Phone
633-L
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-11-26
Irrigation Congress Dates.

Pueblo, Col, Nov. 26.-The date of
the eighteenth national irrigation con-
gress in Pueblo today was set for the
week of Sept. 26.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-11-26

Fin out the blank lines below
with your name and address,. cut
out coupon and mail to the PYPA-
MID DRUG COMPANY, 154 Pyra-
mid Bldgp Marshall. Mich. A trial
package of the great Pyramid Pile
Cure will then be sent you at once
by mail. FREE, in plain wsapp sr.
Name ................
Street ........................
City and State ..............
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-11-26
MIR. Meyers opportunitv.

deLendrecie's annual silk sale starts
Monday.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-11-26
STARTS ON HER
Second CENTURY
ST. PAUL WOMAN DANCES AT
FIVE scoRE-NEvER WORE
sPEcTAcLEs.

ST. Paul, Nov. 26.-Hale and hearty
and looking as though the weight OF a
century rested but lightly on her
shoulders, Mrs. Anne Kirkpatrick, who
on Tuesday celebrated her 10Otn birth
day, Wednesday night met and mingled
with more than fifty OF her own kin
and intimate friends of the family, who
gathehed at the home of her daughter,
Mrs. T. H. Bastian, 327 Grove street.
to do her honor.
1t is hard to realize in talking with
Mrs. Kirkpatrick that she has rounded
out full century of life and, with.
out an ache or PAIN as she said
last night, has already started into an
other year. The year she was born
Sir John Moore was killed in Spain,
Napoleon won his great battle OF Wag-
ram and Mrs. Kirkpatrick was almost
a month old when the great explorer
divorced Josephine. Madison was pres
ident of the United States, Thomas
Jefferson having just retired from the
office. George the Third was king of
England and Canning was premier.
The War of 1912 was only dimly fore
seen. The great Wellington was a WIS.,
count, not having yet been made a
duke, Those things seemed to have
happened a very long lime ago and vet
this was the year in which this woman.
yet alive and with a good memory, was
horn
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-11-26
Years Are Weishty.

Il To show how well she felt last night
she Joined with a grandchild in a few
steps of a dance and she often insists
on helping with the homework and,
having never worn pair of glasses in
her long life, can yet see we'll enough
to pick a. pin from he floor.
She was the recipient last night of
many congratulations and to all she
responded with words of thanks and
the assurance that she feels WELL but
tired, weak and tired"
When one of those present expressed
the wish that the aged women would
see many more anniversaries, she said:
mo, not many more. l have lived a
long time, and / am tired"
The San Francisco call., 1909-09-15
Tennis Tournament Going
At Stanford

STANFORD UNIVERSITY, Sept. IA
Preliminary games Of the singles hand
leap tennis tournament were played
last Saturday morning
The matches were closely contested
and ability was shown by some of the
new players. One of the most interest
ing matches took place between C..
Grace IL, a transfer from the Univer-
sity of Southern California. and w.
Argabrite '13. The latter, playing at
scratch. won out after three hard sets.
Grace played in the owe Is class
Following are the results of Satur-
days game:
Prof. w D. Briggs u Of 15o defeated W. f.
E. Farnsworth IL G51a] defeated w. Boyle
II G51a), 6--1. 1--6 6-4; l.. Shaul '13 G5)
defeated c. Peck IL n5hl, .6-S. rs, 10;
W. Argabrite '13 tscratcb) defeated G. Grace
IL (15l. 81, T-5. 60; r. L. Murray '13
t1a of Is, defeated II. Pierpont '13 ~ of 15).
Ell. 6-2: W. Ferguson.'12 "a of 15) defeated
NJ. II. Haskett '12 (scratch). 6-2, 6-2: p.
Batkin 10 G51a) defeated G.. Wood 10 u51s)
Ga. Sc: Fyffc '13 t1a Of Isl defeated Loud
ia (15p, 70. 60, 81; F. Pratt '1s u of
15l defeated w. II. Newman '12 151a) 6-1,
Ga: Falls II 1515) defeated W. Chatfield
.'13 fI51a). Go. 81. Cd.
In the first round f. Jordan G5L) defeated
Instructor Z. G.. Atkin 800 by default; Prof
w. d. Briggs "a of 15f defeated Instructor
Hillebrand OJia) by default.
The San Francisco call., 1909-09-15
Bv WALTER ANTHONY
By Harold Ellis. Percy Greenbank, Paul
Rubeps and Howard Talbot.

Ferris Hartman and his clever eeHf-
pany at the Princess did all they could
last night at the Princess to put re
verse english" on The Blue Moon and
score a point. 1t was difficult point
to score, because The Blue Moon is
hopeless1y English. and even with IN
terpolated numbers, ranging from
clever topical songs by Walter de Leon,
a member of the cast, to ballade by
trite and fearful Tosti. added to much
tampering with the lines, failed to set
the musical comedy safely under the
star spangled banner. 1t remained-to
us-slow and peaceful.
The last time the play was seen here
was when Powers headed a big pro-
duction in the days of LoverichS Nov
city theater. 1t did not record a re-
sounding hit then in spite of the money
that was lavished upon 1t. The Prln-
cess has brought it closer to our pa
triotic hearts by cutting as vallantiy
as a Bunker Hill patriot at the English
lines. And the execution has i'm
proved the work somewhat.
Hartman in Powers role does not try
imita tion but has his own ideas about
the characterization of the funny little
British soldier, and he makes the role
in quiet and se1f-restrained
nanneR Miss Muggins Davies has a
few songs to sing and captures big
encore in her piquant song, That's s
All
A particularly pretty lyrical number
is provided by Miss Broskie in Moon
Dear,2 and the ensemble at the close
of the first act is an excellent bit of
choral and instrumental writing, the
beauty of which j. A. Raynes, director
in the orchestra, punctuated well. De
Leon's interpolated son, IF He'd Leave
Me His Office to Run ran for dozen
recalls and helped materially to dispel
the fog of London which drifts about
THE Blue Moon
The chorus-yes, the chorus is the.
sprightly, pretty and nearly always in
sight.
The San Francisco call., 1909-09-15
Stanford Freshmen Play
Santa Clara Today

STANFORD UNIVERSITY, Sept. IA.
Tomorrow afternoon the second game
of the freshmen schedule will be played
on the Stanford turf. The freshmen
will meet the team of the Santa Clara
college at 4:45 o'clock The Santa
Clara team has been under the coach
ing of Harry Mckenzie and should give
the freshmen q harder tussle thar
Lowell high did last Saturday.
The vast Improvement of the first
year team since Saturday was wit
messed yesterday when they kept the
sophomores from scoring until the field
was almost dark.
Next Saturday the freshmen will
meet San Jose high school team, and
the varsity will play it's first game
with the Barbarians. The interclass
finals between the sophomores and
seniors will be played next Monday
Following is the lineup for the Santa
Clara freshmen contest: Santa Clara
Hogan. Degnan, Barry. skews. Ford.
Roberts, Jarrett. forwards; Tadish. wing
forward; Gallagher. half: Barbour, Nc
Henry. fves: Dooling. center; McCabe,
Morgan, wings: DetFes. full.
freshmen Forwards, Frank. Stevens.
Duryea. Laird. Murlin. Belcher; wing
forward, BLY,; half. Cass; fves, Arreli.
Fyfe; center. Kern; wings, Warswick
Bayley. full. Thoburn.
The San Francisco call., 1909-09-15

OF almozoin and dissolve it in a half
pint of cold water and add 2 teaspoon
fuls of glycerine. Stir briskly and let
stand II too thick. thin by adding
more water until you have the de.
sired consistency. AS this cream ielIy
contains no oils or fats it can be used
1T is unexcelled as a cleanser. for when
applied it causes the dirt and CRIME
to roll off and the pores are really
cleared. Almozoin tends to make large
1t also removes freckles and tan and
able.
VIM. G.: To rid yourself of super
fous fat get from your druggist 4
ounces of parnotis. take 1t home and
dissolve it in one pint of hot water
Take l tablespoonful three times day.
before meals.
Estelle: To make your dull and in
famed eyes bright, clear and spark
by dissolving 1 ounce of crystos in a
pint of water. This eye tonic will not
smart or burn, but will rest, soothe
and strengthen your eyes.
Ada r.: Dandruff and split hairs
are signs that the scalp. needs nourish
ment Shampoo the hair twice a month
with canthrox. Cut off all ends of
and keep the scalp in healthy condition
use once or twice week uuinine
hair tonic made by dissolving l ounce
of quinola in a half-pint of alcohol
Rub into scalp and hair with the finger
tips until absorbed This treatment
will promote the growth of hair and
tend to make 1t luxuriant and glossy.
Sadie D.:f An excellent remedy for
any rash or simple skin eruption and
cure for eczema and salt, rheum can
be made at home by mixing ounces
of luxor with tablespoonfrIIs Of aIco
hol and ha1f-pint of water. Pour
little of the lotion on the affected sur
face and allow to dry, repeating treat
ment two or three times day until
the skin is restored to healthy condi-
ton.
Mrs. *: A small bag of salt. we'll
heated and covered with flannel, gives
relief when applied to an aching ear.
The San Francisco call., 1909-09-15
DELAY IN TRIAL
OF CUNNINGHAM
Slayer of Carolina Brasch Is
Defended by Two
Lawyers

The trial of James Edward Cunning
ham, confessed murderer of Miss Car
olina Brasch, which was on the calen-
dar in Judge Dunne's court yesterday
morning, wass continued until today
1t was found yesterday that a fun
Jury panel had not been Summoned,
and the continuance was ordered on
that account
Cunningham, who is the admitted
slayer of a young woman clerk in the
Office of Gray Brothers, contractors,
will be represented in court by Cam
eron J. King Jr and Ernest Z. Kirk,
who are understood to, have taken up
his case in the interest of divulging
the pernicious pay check system EN-
ployed by several local firms, and to
which the murder committed by Cum
ningham is indirectly blamed
The prosecution Will be in charge Of
Ward. who will be assisted by former
Senator j. c. Sims, who has been spe-
cially retained by the family of the
murdered girl
The San Francisco call., 1909-09-15
1ryouts Make Changes il
Berkeley Team

BERK KELEY, Sept. 14.-The tryouts
for the Berkeley high school track
team We're held on the university oval
this afternoon. The entire number of
events was not contested, the POSI-
tions of some of the members of the
team being already secured
Many members of last years team
by Coach Tommy Smith, and today's
results show that. the team will be
greatly benefited by the changes that
have been-made.
for Berkeley last year, was placed in
the half mile today and won easily,
making fast time.
Smith, who has been running the
$50 yard dash. has been changed to
the mile, taking second place in that
event He was beaten by Arthur
learned the mile it is thought that he
will be good for first place in the
B. c. L., having won the $50 in that
meet for the last two seasons.
today. winning from Harlowe by a
fifth of a second. These men are both
looked I, p upon as as point i1, vi winners in1I
uled for. October "a, will probably be
held under the auspices Of the inter-
scholastic dual union that is being
rivals have agreed upon the general
idea of orga anization and committees
have been appointed in each school to
arrange the details.
The results of today's interclass
meet at Berkeley are as follows:
so yard dash-Skinner first Kaufman Sec
ond Nelson third
Mile run-Hayne first, Smith second, Gibbs
third.
100 yard Woods first, wyckor second,
Kaufman third.
$50 yard run-Driving first. Foster second,
Mathew third.
44o yard dash-wyckon first Harlowe second,
Ellis third.
100 yard hurdles Baronidis first, skinner sec
ond. Nelson third.
High jump-Brophy first, Steel and ostrander
tie for second