davidaulloa/AmericanStories huggingface dataset:
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-02-26
Citation.

state Of North Dakota, County of
Cass. In County Court, Before Hon. A.
G. Hanson. Judge.
In the matter of the estate of David
Bows. jr,, deceased:
Jane S. Bows, petitioner, VS., Jane S..
Bows, David BOWS, 3rd Kenneth
Dows Richard M Hoe, Tracy Bows,
and Jane S. BOWS, guardian Of the
person of Kenneth Dows, a minor, and
Richard M. Hoe and Tracy Bows,
guardians of the estate of said Ken
meth Bows, a minor, respondents.-Ci-
tation and Notice, Hearing Proof of
Foreign Will
The state of North Dakota to the
above named respondents and all per-
Bows, jr., deceased:
You and each Of you are hereby no
tilted that Jane S. BOWS, the petition
er herein, has filed III this court a
COPY of the last will and testament of
David Dows, tr., late of the village of
Irvington, town of Greenburgh, In
the county of WESTMINSTER and state
of New York, deceased, and the pro-
bate thereof in the State of New York
duly authenticated with her pee
tlIlOn pTaylQE IOI the duinlSSlbn "
probate of said document as the last
will of said deceased and for the is
suance to George II. Phelps of Fargo
North Dakota, of letters of admins
tration, with the will annexed thereon
and that the, said petition and proofs
of said purported viii will be heard
and duly considered by this court on
Wednesday, the Both day of March, A.
D.. 1910, at 10 o'clock in the forenoon
of that date, at the ourtrooms Of this
court, in the county courthouse, in
the city of Fargo, county of Cass and
state of North Dakota, and
You and each o. you are hereby cited
TO be and appear before this court at
said time and place and answer said
petition and show cause If any there
be, why the prayer of said petition
should not be granted $50 N'
Dated the 10th day OF February, A.
D. 1910.
BY the Court:
(geaD A. G. HANSON,
Judge of the County Court.
(Feb. 1926; March So
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-02-26
DECISIONS OF THE SUPREME
COURT OF NORTH DAKOTA

vs. g. ]. Nelson. defendant and re-
spondent.
|. To authorize a revision by this
court of alleged errors in the taxation
of costs the record must contain suf-
ficient data to, enable the court to de-
termine whether such errors have been
committed. Where the evidence on
which the trial court acted in taxing
costs 10 not contained In the record on
appeal the decision of the trial court
VIII not be disturbed, unless error is
apparent on the face of the judgment.
g. The so-called statement of the
case on this appeal radically fails in
numerous respects to conform to the
statute or to the rules Of this court.
II falls to contain proper specifications
of error and, furthermore even II err
rors were specified the alleged errors
are not available to appellant as the
record fails to disclose timely object
tions and exceptions to the various rul-
| ings complained of. Such statement
of case also fails to specify that an
pellant desires a review of the entire
case or of any particular questions of
fact as the statute requires in case
de novo in this court.
3. There is nothing contained in the
record on this appeal from which the
supreme court is enabled to intelli-
| gently determine what costs appellant
is entitled to have taxed, but the judg-
ment roll does disclose reversible error
in denying any costs to him, and for
such error the Judgment is reversed.
(Syllabus by the court.)
Appeal from district court, williams
county; Goss, ].
Action by o. L. Hide against E. j.
Nelson. From a judgment and order
In defendants favor, PLAINTIFF appeals.
Reversed.
VIM. Maloney, for appellant.
A. l.. Knauf and Bessie e. Greer,
for respondent.
Opinion Of the court by Fisk, J.. all
concurring.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-02-26

Mrs. Moore is a housewife of excel
lent standing in the community where
she resides. Every one acquainted
with her knows her to be a woman
that can be relied upon for veracity.
Just consider what she has said.
First she was suffering with catarrh
so badly that her hearing was almost
destroyed. She was a misery to her
self and her friends. She had tried
many physicians and medicines, bat
none of them gave her any relief. She
was completely discouraged, and con-
sidered that her health was gone.
Now, this was her situation.
Then she says, after using two or
three bottles of Peruna began to. inn
prove" She kept on taking Peruna
until her hearing was perfectly re-
stored and her catarrh cured, and she
is now enjoying the best Of health.
Such case as this ought to be her
aided all over the United States. There
are thousands of other people that are
suffering as she was. There is every
reason to believe that Peruna would
frequently accomplish the same result
in this class of chronic cases.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-02-26

the Fourth ward. Both seek the seat
in the council which is vacated by F..
D. Hall, who is not candidate for re-
election.
In the First ward the petition Of I.
II. Ulsaker is circulated, while Conrad
s. Green has declared himself a can
didate in the Second ward.
In the Sixth ward H. T. Hansen
and Geo. Denis are out for the short
and long term respectively, opposed to
John Sonquist and John Cooper.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-02-26

H. C. Delaney. ]. ]. Delaney and
Alexander Thompson, plaintiff and re-
spondent, VS.. Western Stock Co., de-
PENDANT and appellant.
/. This cause was tried in the court
below as an equity case all of the is
sues having been tried and determined
by the court without a jury with the
implied consent of all parties. This
being true. defendant will not be per-
mitted to urge in this court for the
first time that the issues presented a
case for trial by jury instead Of by the
court. whether the contract set forth
at length in the opinion created part
nership relation between the parties,
and whether the issues presented by
the pleadings were legal or equitable
in character, is not determined as no
such questions were raised in the court
below and appellant. under well set
tied rules OF appellate procedure, viii
NOT be permitted to urge in this court
theory of the case contrary to that
upon which the case was tried and de-
cided in the trial court.
2. Regardless of the nature Of the
issues the district court possessed the
requisite jurisdiction to try and decide
the same without a jury where the par
ties implicitly consented thereto.
8. Evidence examined and 1t is held
that the findings and conclusions of
the trial court are substantially correct
and amply supported by the testimony.
(SylIabus by the court.)
Appeal from district court, Mcintosh
county; Allen, j..
Action by. Delaney Bros. and Alex
ander Thompson against Western
Stock Co. From a judgment in favor of
Delaney Bros, defendant appeals, re-
questing a review of the entire case
In the supreme court.
Judgment affirmed.
al. W. Clyde, for appellant.
Rourke 81 Kvello, for respondents.
Opinion Of the court by Fisk, j., all
concurring.
o. l. Hide, plaintiff and appellant,
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-02-26
is HABIT WITH CHAP
Little Willie Briggs Has Cultivated
Habit for Losing Himself at
Night

If little Willie Briggs, youngster
Just able to speak his name, follows
the policy of seeing the world" the
same In his majority that ne has in
his, infancy 1t won't be long until the
earth will be only backward stamp
ing ground for him, For the steenth
time Willie wandered away from
home last night. The. glitter of the
great white way attracts him the same
as the shop windows did during
Christmas. He was noticed by Mayor
Elliott last evening and taken home
by the police.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-02-26
viii Join the Movement.

Grafton. N. D.. Feb. 6.-Grafton has
decided to join the state wide health
movement. and will organize the Graf
ton Public Health league at once, a
committee being at work on the
proposition now The movement is
one that has met with splendid sue
cess In several sections of the state.
The local committee in charge of or
ganization is composed Of w. N. Smith
and DR.. G. w. Glaspel and Supt. c. C.
Gray.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-02-26
Public Auction Friday. March d.

James Bell will sell at public auction
on Friday March 4, on section Of
Bell township, AZ miles west OF
Grandin, and miles east and miles
north of Hunter, 25 head OF horses
and colts, IL head of cattle also ma
chinery and household goods, seed oats
and a quantity of speltz.
James Bell, Hunter, N. d.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-02-26
TO REOPEN THE MILL.
EdeeIey Expects Good Results From
Movement.

Edgeley N. D.. Feb 26.--Arrange-
ments have been concluded. whereby
the big flour mill In this city, which
has been closed for some time. will
soon be reooened. H. q. Hays OF
Brainerd. Mimi. has arrived here and
will take charge OF the mill. He is
a member of the Hays Weaver Mill
ing company, and believes that the
local enterprise win be an entire sue
cess.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-02-26
Notice Of Election.

The annual election of the board Of
directors of the Fargo Building assoc
citation will be held on Monday
March "a, 1910 at the ONCE Of Fl. r
Tough, Secretary, Room No. 4, Fargo
National Bank building. Polls wild be
open from 1880 p. m. to 800 ps m.
III. p. LOUGH, Secretary,
(Feb. z6.Mch. 5, IL, 1s.)
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-02-26

The City of Yesterday. or the San
Francisco Earthquake, not moving
picture, but miniature city. built and
destroyed upon the stage under the
personal direction of the inventor. Pro-
lessor Almond. is included in this
weeks vaudeville bill at the Fargo
operahouse.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-02-26

LaGrippe pains that pervade the en-
tire system, LaGrippe coughs that rack
and strain, are quickly cured by Foley's
Honey and Tar. Is mildly laxative.
safe and certain in results. H. H. Cas-
selman.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-02-26

Have the children. see the City Of
Yesterday at the Fargo operahouse. Not
a moving picture. Evening prices 10
and 20 cents.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-02-26

Minot. n. D.. Feb. 26.-Foreman
Kelsey was injured by coming into
contact with the machinery used to
operate the coal cars up and down the
slide OF the soal chute. Upon being
discovered he was carried to the VIC
toria elevator and upon the arrival OF
DR.. Kermott was removed to the
Northwestern hospital.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-02-26
PROMINENT KENTUCKY WOMAN
Says Health
Gone, Saved
by Pe-ru-na.
In Winter when Coughs, Colds
and Catarrh are Rampant
Peruna Should be In Every
. Home.

8 Mrs William c. Moore, Mt,
Sterling, Ky, writes: ut gives
me great pleasure to recommend
Peruna' to those suffering with
J catarrh
Il had catarrh OF nose so badly
my hearing had almost left me. I
was miserable, both to myself and
those around. / had tried many
physicians and medicines, but
without success. / felt that my
health was. rome.
But after using two or three
bottles Of Peruna / began to inn
prove, and after taking ten bot
ties my hearing was restored, my
catarrh cured, and / am now en-
1oying the best of health.
II feel that this remedy ought
to be in every household, for 1t is
blessing to suffering humanity"
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-02-26
Finest Showing

We have, ever made in silk Dress
Goods and Wash Goods. A. L. Moody.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-02-26
Give 1t a Trial.

Give II Trial.
Just buy bottle. One or two DAYS
use will convince you.
Suffered Ten Years.
Mrs. Cordia Brown. r. F. d. No. 4,
Rogersville, Tenn, writes: Il had
catarrh of the head, and had been
troubled with it for ten years / tried
various remedies, but they did no
good
Il at last bought a bottle of Peruna,
ana began to feel better as soon as I
began taking it. was very thin and
weak. and had a bad taste in. my
mouth and a choking and a tickling
in my throat, and was about exhausted
every way, but soon gained strength
and flesh by taking Peruna.
Il can safely recommend Peruns TO
all who are weak and run down, as
the best tonic / ever tried"
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-02-26

Get the habit. Fargo operahouse.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-02-26

0. l. Hide, PLAINTIFF and appelIan
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1910-10-13
GET AFTER THAT BANNER
GREENSBORO DEMOCRAT OFFERS
PRIZE FOR LARGEST MAJORITY.

Chairman Foushee in receipt Of a
letter from MIR. A. wayland Cooke. Of
Greensboro. chairman OF the democra-
tic congressional executive committee,
which says that "A strong democrat
in the city OF Greensboro has offered
TO give a banner to the county max
ing the largest democratic gains in
this election in the congressional
vote. Please let all Of your precinct
chalrmen know OF this and see II your
county cannot win this banner"
The leaders IN the county Will be
notified OF this and Durham will
doubtless be in the race 70 become the
banner county of the district. Every
thing il at work at the headquarters
and II the county does not make large
gains Il viii go contrary to the expecl
tations Of those, who have their I'm.
gers on the political pulse Of tbs
county,
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1910-10-13
LAUR|ER ONTO HIS JOB.
PREMIER HAS PLENTY
AMMUNITION FOR STRUGGLE.

Ottawa, Canada, Oct. 13.-Sir Will
frid Laurier's frank statement on
reciprocity at the Montreal meeting
was the governments answer to the
campaign which is being conducted
by British tariff reform Canadian
manufacturing interests, not only
against reciprocity with the United
States, but even against discussion Of
the subject between the two govern
ments.
The premier's statement that re-
ciprocity treaty is likely to bring inn
mense prosperity to Canada shows
that he has plenty Of ammunition for
the fight. The full text of his re-
ference to reciprocity follows:
Il am accused of being a traitor to
my country, and the Empire because
we are going, in short time, | hope
to open negotiations for treaty of
reciprocity with the United States.
The first duty of country is to work
for its prosperity, and | submit that
in this action we are doing that
which Is likely to bring an immense
prosperity to this country. And il it
is treason TO work for this end | am
ready to accept that reproach.
In 1896 | sent two OF my collea-
gues to Washington TO negotiate a
treaty of reciprocity. We were re-
ceived with much politeness, but
could obtain nothing. At that time |
said we would make no more pilgrim
ages to Washington. We have not
made pilgrimage to Washington
again, but last year there was a pill
grimage from Washington to Ottawa.
Since that time We have adopted a
new policy of preference toward Eng
land. That policy has been benefit
to the commerce Of the Dominion and
We do not intend to abolish II.
"0n the other hand, we must not
forget that We are behind the United
States In the matter OF industrial de-
yelopment by at least fifty years.
believe II is possible TO make treaty
with the United States which will be
not only Of great advantage to us. but
equally to the United States and
would not have a treaty which was
not at least equally profitable to one
as to the other"
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1910-10-13
INTEREST IS LAGG|hG
REPUBLICANS DIsHEARTENED
OVER CONDITIONS IN WAKE.

Raleigh, Oct. 13.--Postmaster G. A.
Reynolds Of winston-Salem was the
special campaign orator last night for
tho Raleigh republicans at the county
court house. There was a crowd that
taxed the capacity OF the court room,
there being large numbers OF demo-
Gratis out through curiosity. Reynolds
Is an admittedly good campaigner.
Interest IN the campaign has Jagged
hereabouts very perccptibly within the
past week or so. Many close obsers-
ers are free 10 express the view that
the outcome ia Wake will not be any
thing like what II has been thought BY
mana that Il would be IN the matter
OF the strength Of the independent
democratic movement and the repub.
|iicans. II looks now Ike many yot-
ers may stay away from the polls on
both sides so that the regular demo.
cratic ticket may come in with as
large a majority as usual, although
the total vote cast may show fall
ing on.
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1910-10-13
PROBABLE PITCHED BATTLE
RAILROAD STRIKE IN FRANCE
BECOMING SERIOUS.

Paris. Oct. ia pitched battle be-
tween the police and number OF so
cialists who have barricaded them
selves in the Office Of the La Human
ite, a socialist organ. is expected
shortly.
Three hundred policemen are gath
ed about the building where the news
paper is printed and have called up
on The socialists and labor chiefs
within 20 surrender.
This Is the result Of orders by the
government, Il is said. and Premier
BRAND has sent word TO the police
not to hesitate to arrest the barricaded
socialists.
The tie up Of the railroads through.
out France as result Of the strike. Il
becoming complete II is predicted
thar not a train will be running b.
night
ii Ii thought likely the ministry
may suspend the constitution and pro.
claim martial law. Strike leaders az,
being arrested by the wholesale.
The strike now includes five greai
trunk lines OF France The depot.
along these lines arc protected b!
government troops.
Paris is threatened with a foo,
famine. The government has com
manded that all possible boats be Sc
cured TO bring food supplies int
Paris on the Seine river. The pres
ent food supply will not last NOR
than seven days.
six chiefs Of the striking railwa,
men were later arrested ia the otlic
of La Humanite.
There was no conflict, the determin
cd attitude Of the police overawin
the strikers and caused the labo
leaders 70 surrender.
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1910-10-13
SENATOR 0KLUTTz
TALKS TONIGHT
John Winsted Jr., Will Introduce
the Speaker
FIRST VOTERS CLUB RALLY
Turn Out, Ladies and Gentlemen, to
Hear This Gifted Orator Who
WIN Present the Principles
of Democracy to Young
Men of Durham.

The young voters Of the city and
county have everything in fine shape
for the speaking OF State Senator
Kluttz, of Salisbury, at the court
house this evening. The speaking
will start at 7.45. The East Durham
band will make music for the
meeting.
Mr.. Kluttz will arrive in the city
this afternoon on the eastbound and
will be met at the station by COM
mittee from the club and by some Of
the older democrats. President John
Hall Manning and Vice-President J.
w. Umstead, Jr., will be the official
representatives OF the club, under
whose auspicies the gifted speaker
from Rowan county visits Durham.
They have also asked Mr.. W. T. Bost
to act on this committee of recep-
tion, as he is a lifelong friends of
the senator, and will entertain him
while he is in the city
OF course 1t is going to be impossi-
BILE for all of the membership Of the
club to attend this meeting, as many
of them live in the country districts
and some of these people cannot get
OF for the night, especially in pre-
cincts that are far from the city.
However. a pretty good number will
be there, who will wear the badge OF
the first voters club. From present
indications the attendance of the
young men will be good, and there
are many of the older people that
will be there TO hear this gifted
young orator. for he will be one Of
the livest speakers that will come to
this city during the campaign, and
will make a speech that will equal
any that has been delivered here.
In fact there are few men in the
state that can beat him.
The ladies' are invited to attend.
Little has been said OF this, but it Is
generally understood that the ladies
are welcomed TO democratic speak
ings, whether they get a special inyl-
tation or not. Mr.. Kluttz Is never
better than when addressing a mixed
audience, and the ladies that avail
themselves of the opportunity e
hear him this evening will hear a
sane discussion of the issues Of the
day in about the most eloquent man,
ner that they could be discussed, foI
Mr.. Klnttz is nothing II not :
speaker with the ability to choos,
the right word for the expression O
his ideas.
The club Is especially fortunate II
having on its roster young mar
with a reputation as an orator, wht
will introduce the speaker OF th'
evening. This will be done BY MIR
y. W. rmstead, Jr., UniyersIt.
man. who made quite a reputation
as a debator while he was in college
lThe meeting will be presided over b.
President John Hall Manning.
| The students OF Trinity college ar
given a special invitation 60 atteni
this meeting. Though very few 0
them are members OF the club, som
on account OF age. and others on &C
count OF the fact that they have no
been living in this county lonl
enough TO vote, but II Is especiall
desired that they attend thi
speaking.
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1910-10-13
Episcopal Convention Aroused
by Report Of Commission
KEEN INTEREST AROUSED
"A Jewel Cast Away Which q Woman
Picked up. Was the Way One
Speaker Referred to Christian
Science-House Of Deputies
Voted FavorabIy.

Cincinnati. Oct. 1S.-The most
prominent feature Of the Protestant
Episcopal church convention was the
debate on the question Of divine heal
Ing. Giving the sanction OF the church
TO the healing OF the Ill by prayer was
proposed to the convention in re-
port OF a commission Of which Bishop
Gray, OF Southern Florida, is chair
man.
The proposals aroused the keenest
interest. "A jewel which the church
cast away and a woman picked up."
was the way In which one speaker re-
ferred 10 Christian Science. The re-
port OF the committee made the fol-
lowing recommendation:
"In view OF the widespread desire
and earnest longing for some recogni-
tion OF the possibility OF healing Of
the sick through the power of prayer
with symbolic amounting. manifested
by bishop. presbytery, and laymen Of
the church. and In view Of the very
general seeking after divine healings
by faith cure people, Christian
Scientists, followers Of spiritual heal
ing and others. 1t seems eminently fitt-
ing that a suitable. proper and wisely
prepared Office for the JUNCTION OF the
sick should be put forth by the church
on true lines:
First. Looking to and praying for
restoration to health, not In autici-
patton for death.
Two. Avoiding the comparatively
recent diversion toward the idea that
the scriptural unction Of the sick is a
true sacrament in our Anglican use
Of that word.
"Your committee would therefore
recommend that a commission of two
bishops. two presbytery's and two lay
men be appointed TO prepare and re-
port for an Office for the JUNCTION OF
the sick. on the lines Of the scriptuTal
and catholic usage. avoiding any APP
pearance OF sacramental rite imIne-
diately preceding death"
/ ut NV Lutdo Ndtttt tthndftf VI
Hanover. n. H., who offered resolu-
ton providing for the appointment Of
such a commission, placed himself On
record as being In present day mira
cles. He said: "If the lord Jesus
Christ did heal the sick in a manner
which may describe as supernatural,
he can do the same In the twentieth
century. II men allow themselves to
be prevented from asking God for a
miracle. then Almighty God is not
likely 70 grant II 10 them Modern
medical science has It's place. but
when its limits have been reached the
limits OF the power OF God have not
been reached
One OF the most forceful OF the op.
lponents OF the plan was the Rev. Car
liz. Crammer. rector OF ST. stephens
church. philadelphia. The house o.
deputies voted for the measure. which
will be passed TO the house Of bish
ops for consideration there. The dc
putics' vote was 6s for the measure
10 against Il and l3 divided. OF thii
number the clerical members of th,
house had the advantage Of IL for tn
measure"