davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-11-24
Supreme Court

Fred w. l.. Lohr, plaintiff and respon
dent, VS.. Willis T. Honsinger, de
PENDANT and appellant.
/. The trial court has authority ii
a proper case to order a reduction Of
the verdict of the jury, which he con
siders excessive, and to require the
! prevailing party to accept the reduced
amount, or submit to new trial.
2. The refusal to give certain re-
quested instructions, held, not error.
| 3. Objections to certain questions
considered in the opinion and the
rulings thereon, held, prejudicially er.
roneOus.
i (Syllabus by the court.)
! Appeal from the district court, Cass
county, Pollock, j.
Action by Fred w. Lohr against
Willis T. Honsinger.
| From a judgment in favor of plain
tiff, and from an order denying de-
PENDANTS motion for new trial, de-
PENDANT appeals.
Reversed and new trial granted.
Pierce, Tenneson & Cupler for ap'
pellant.
V. R. Lowell for respondent.
Opinion of the court by CarmOdy,
j., all concurring except Morgan, c.
j., dissenting.
Golden Valley Land & Cattle Co.,
plaintiff and appellant, VS.. John
~ J-fo nj
ent.
l. Without deciding whether section
$40, R. C. 1905, which makes one
who wrongfully retains thing an in
voluntary trustee thereof for the ben
eft of the owner, and section Sill,
r.. C. 1905, which provides that one
who gains possession of thing by
fraud, accident or mistake, undue in
fluence, the violation of trust, or
other wrongful act, is, unless he has
some other and better right thereto,
an involuntary trustee of the thing
gained, have any application to crop
raised on land and severed therefrom
by one who retains possession there
of after default by him in the terms
of an executory contract of purchase
and after the statutory notice has been
served on him of the forfeiture and
cancellation of such contract, it is
held where the vendor has never been
in possession of such land and two
years before the crop in controversy
was severed therefrom had commence
ed an action to determine adverse
claims thereto, in which the only
money judgment demanded was for
the value of the use and occupation
thereof, and he has remained silent
until after the harvesting of the two
crops, that he has thereby elected to
stand upon his right to recover for
the use and occupation and has waiv-
ed his right, if any, to recover the
value of the crop so raised and sew
cred by the vendee.
2. In an action to determine ad-
verse claims to real estate, under
section 81, R. C. 1905, brought by the
vendor on an executory contract for
the sale of land, the plaintiff cannot
recover both for the value of the crop
raised after forfeiture of the contract
by the vendee, and for the use and
of the land on which the
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-11-24

crop was raised, after severance OF
such crop from the land.
3. Sections 1920 and 1884, r. C.
1905, define the nature of the recov-
cry which may be had by plaintiff in
actions to determine adverse claims
to real property and plaintiff who
has proceeded under the provisions
Of said chapter can only recover when
he shows damage by waste or removal
of the property from the premises.
! 4. 1t is held that under the facts
in this case it is unnecessary to de.
eide whether Section 4752, r. c. 1905,
: thing owns all its products and &C
! cessions, establishes title to grain
raised on land and severed therefrom
by one holding possession thereof af-
ter forfeiture of an executory contract
, of purchase, in the vendor as against
his vendee when such vendor has new
err been in possession of the land,
but a review of the authorities dis
closes them overwhelmingly in favor
of the ownership in the grower of the
crop.
5. The vendor, under an eXecutory
contract for the sale of land who is
not and never has been in possession
thereof, under the facts disclosed in
this case and set forth in the Opin.
ion, has not a lien upon the crop rails.
ed and severed by the vendee in pos.
session as security for the value of
the use and occupation.
~, %ho
the facts, circumstances and pleadings
above referred to, cannot have a re-
ceiver take possession of and con-
serve the crop so raised after its
severance, for the purpose of sub
jecting it to his claim for the value
of the use and occupation of the
premises after forfeiture by the ven
dee of his contract of purchase.
(Syllabus by the court.)
Appeal from the district court OF
Billings county, Crawford, J.
Action to determine adverse claims
to real property. From an order de-
nying plaintiffs application for the
appointment of a receiver pendente
lite, plaintiff appeals.
Affirmed.
Purcell & Divet, and McFarlane &
Murtha, for appellant.
Hebron & Baird and J. A. Miller for
respondent.
Opinion of the court by Spalding,
j., all concurring.
State of North Dakota, plaintiff and
respondent, VS.. Joseph Winbauer,
defendant and appellant.
1. The maintenance of a common
nuisance continuously between two
dates, may, in criminal proceeding
against the party charged, be treated
as one continuing offense.
2. Under section 9791, r. c. 1905, !
the state may proceed by information
against one charged with a criminal
offense, and such information may be
filed without first giving the defend
ant a preliminary hearing, when the
offense is committed during the con- :
tinuance of term of the district
court in and for the county or judi
cial subdivision in which the offense
is committed or tried.
Held, that an information which !
charges the offense of maintaining a .
common nuisance between two dates !,
some months apart when the last
date is within the term of such court,
may be filed without first giving the
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-11-24

ODE Grand Pacific Hotel
THANKSGIVING MENU
Capay Canabr la Russia
Couov Htu,yU C,xme4
flM4s of Lake Superior 7,oma Il Chau6od
Boiled Philadelphia
C,iNed Jersey
Yea Sux1By ssub1u Cusse/
Mountain Iou4 Cau4
C,rurdr
>ouus Turkey .Sufnd c,uuhy,, l4y
Roast Of auj
Bayerue Sucking apple Pmrr
sadd2eo Iruisou Hunters
Steamed aMx~cw
tSaade Surprise
THANKSGIVING Hard md B,aud.G Sauce
G,euA Apple Pie Hot AHnfe Pie
Naluut Ice Cream Fancy <4sorudC
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-11-24

Idu lllduC 10 W ZIG NiiS>l 'Aist
he owned the grain Held, that such
questions were proper as going to the
credibility Of G. as a witnesses when
offered for that purpose, and that 1t
was reversible error Of the trial court
, to sustain objections to such ques-
tons.
2. On proof of delivery of property
to a common carrier in sound con-
dition and of its failure to redeliver
it, a sufficient case is made to sustain
recovery for loss in an action by
the shipper on his contract, with GER
tain exceptions which have no appli-
cation in this case, but other and diff
ference proof may be necessary in
such case to sustain an action for con-
version against the carrier.
8. To constitute conversion there
must be a positive tortious act, a
tortious detention Of personal proper
ty from the owner, or it's destruction
or an exclusion or defiance of the
owners right, or the Withholding of
possession under claim of title in
consistent with that of the owner.
4. The gist of the action on the
contract in such case is the failure
to deliver, which the gist Of an action
in trover is the conversion, and the
mere showing of breach of contract
may not prove conversion.
5. If a shipper elects to sue for
conversion and fails to establish the
elements necessary to constitute con-
version, his action must fail unless
his complaint states facts necessary
to sustain a recovery on the contract
or some other proper form of recov-
cry, as the burden is on the shipper
when he seeks the benefit of the
Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1910-03-11
Milk Special Tour Ends.

Burlington,-The tour Of the Buri
ington pure milk special came to an
end, with a monster meeting in the
Y. M. C. A. auditorium in this city.
Professor Van Pelt spoke on the neea
of better dairying facilities and urg.
ed upon the many farmers present the
Importance of tests and cleanliness
in every department. Many questions
were asked from the audience and
answered with entire satisfaction.
Prof. David J. Roberts of Wisconsin
spoke of bovine tuberculosis and up
held the policy. of the test for that
disease. He commended the move.
ment already taken in burlington to
prevent the spread of the disease
from milk. All members of the par,
ty declare the two weeks tour OF
the special was one Of remarkable
success.
Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1910-03-11
BALL|NGER INQUIRY LAGs
Pinchot Again Accuses Secretary with
Having Made Misstatements and
Deceived Taft,

Washington in the Bal.
linger- Pinchot investigation continued
to lag Friday as the cross-examina.
ton of Mr.. Pinchot by Mr.. Vertrees
developed little which was not gone
over in the evidence.
There was much quibbling between
counsel and the witness as to the
meaning and Interpretation of certain
statements Mr.. Pinchot had made and
opinions as to the understanding OF
various letters and documents. Mr.
Pinchot again accused Secretary Bal
linger of having made misstatements
With reference to his claim that Mr.
Ballinger had deceived the president
concerning decision of the comptrol
Ter of the treasury, Mr.. Pinchot ad
mitted that Mr.. Ballinger's written
statement to the president was "pret
ty fair, from Mr.. Ballinger's point OF
view." and that the documents that
he submitted were all that properly
bore on the case. He insisted, how.
ever, there was the unavoidable in.
ference" that Mr.. Ballinger had com.
municated in some other way with the
president.
Mr. Ballinger's lawyer brought out
that the cooperative agreement with
the forest service, which Mr.. Ballinger
discontinued, was not the usual ar.
rangement whereby one department,
lends its employees temporarily to an.
other, but provided that employees OF
the interior department should be un.
der the exclusive control and jurisdic.
ton of the forester.
Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1910-03-11
EX-SENATOR T. C. PLATT DEAD
succunbs to Brisht's Disease, Aged 70
Years, at His Home In
Albany.

New York.-Former United States
Senator Thomas c. Plat died Sunday
at his home in this city at the age OF
rs years.
His long life ended as slender
cord might snap in twain.
BY reason of their regular visits to
their father rather than from belief
that the end was near. his three sons,
Frank, Edward and Harry, and Mrs.
Frank Plat, were at his bedside In
the apartments of Mr.. and Mrs. Gus
tave Abels, with HON the senator has
made his home for the past five years.
DR.. Paul Outerbridge, the family
physician, and Mr.. and Mrs. Abels
also were present. ..
Senator Plat had rallied from a
sinking spell which sent him to bed
early in the afternoon and was chat
ting on topics Of the news when the
doctor arrived and he playfully joked
the physician about the coming time
when his services would not be
needed.
Propped up in bed he took part in
the small talk Of those present for Is
minutes after the arrival Of the physi-
clan. Then a tremor passed through
his frail frame and by the time DR..
Outerbridge reached the side of his
patient Senator Plat was dead.
Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1910-03-11
Many thanks, fellow worker In
the task Of distributing surplus
wealth for the good Of others
CARNEGIE TO ROCKEFELLER.
.LANDSLIDEs KILL 81 MORE
Canadian Pacific Workers Buried
Under Tons Of Debris In
Rogers Pass.

Vancouver. B. c. Snowslides in
In the Rocky mountains have
caused the death Of 90 more men. The
latest victims were workmen engaged
in clearing the Canadian Pacific track
in Rogers pass at the summit of the
Selkirk range. They were entombed
by an avalanche. Fourteen others were
injured.
The men were attempting to clear
away the debris OF smaller slide
which occurred in the Arrow valley OF
Bear creek, flanked on either side by
precipitous mountains covered with a
depth of snow varying from twenty to
fifty feet While the men were trapped
in this valley the second avalanche
descended. 1t started on the side Of
the canyon opposite the point where
the first slide occurred. Thousands
of feet above few rolling masses of
snow, growing in volume and mo-
mentum, started on pathway Of de-
struction.
The avalanche piled on top Of the
first slide burying the tracks for a
distance of quarter of mile around
to depth of so feet. Hundreds of
thousands of tons of other, debris in
the wake of the avalanche bounded of
the huge heap and half filled the val
ley of Bear creek. hundreds of feet
below.
Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1910-03-11
STOMACH CENTER
OF HUMAN LIFE.
ALL ELSE ECONDARY

The immense success which has io,.
lowed L. T. Cooper during the mast
year with his new preparation has on.
ceeded anything Of the kind ever no.
fore Witnessed in most Of the leadin,
cities where the young man has intro.
duced the medicine. Cooper has ,
novel theory. He believes that thu
human. stomach il directly responsible
for most disease. To quote his own
words from an interview upon his ar.
rival in an eastern city: "The average
man or woman cannot be sick II the
stomach is working properly. To be-
sure, there are diseases of a virulent
nature, such as cancer, tuberculosis
diabetes, ETC., which are organic, and
are not traceable to the stomach but
even fevers can, in nine cases out Of
ten, be traced to something taken into
the stomach. All of this half.sick
nervous exhaustion that is now SO
common, is caused by stomachic con.
ditions, and it is because my rem.
edy will and does regulate the stom.
ach that am meeting with such sue.
cess.
ITO sum the matter up-a sound d.
gestive apparatus that is doing its
full duty, getting every particle of vi.
tally out Of the food by transferring
It to the bowels in a perfectly digest.
ed state-this above all else brings
health"
Mr.. A. G. Brock, chef of the Brock
Restaurant, Market District, Boston.
Mass, who is a staunch believer in
Mr.. Cooper's theory and medicine, has
this to say: Il had chronic indiges.
ton for over three years. suffered
terribly, and lost about thirty pounds.
l was physical wreck when l started
this Cooper medicine, month or SO
ago. To-day l am as we'll as l ever
was in my life. I am no longer nerv.
GUS, my food does not distress me
In the least, and I have splendid ap.
petite. I am gaining flesh very rap.
idly-in fact, at the rate of pound
day. l would not believe any medi.
cine on earth could have done for me
what this has done. It is remark.
able preparation, and Mr.. Cooper de.
serves all his success"
Cooper's New Discovery is sold by
all druggists. If your druggist cannot
supply you, we will forward you the
name of druggist in your city who
will. Don't accept something just as
good."-The Cooper Medicine Co., Day.
ton, Ohio.
Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1910-03-11
Pythians Honor Knapp.

Cedar Falls.--Red Center lodge No.
SO, knights of Pythias, honored one
of their charter members, Lanfear
Knapp by presenting him with the
knights gold-jeweled badge set with
diamonds. He was also presented
with past chancellor's certificate
appropriately framed. His record is
exceptional, he having been con-
tinuous member for twenty-eight
years and has occupied every posi-
ton the lodge could offer. He has
resided in this city for over fifty
years and been justice of the peace
for nearly al! that period and city
assessor for much of the time.
Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1910-03-11
You have my best wishes In all
your grand efforts to help your fel.
lowmen.-RockEFELLER TO CAR.
NEGlE.
60 PERISH IN 4 MINE BLAST
EXPLOSION OF POWDER BLOWS
MINERS re. FRAGMENTS.
Crash Occurs In 1,1o0-Foot Level
Men Caught In Trap-1oo Are
Seriously Injured.

Juneau, Alaska-By the explosion
of a powder magazine in the Mexi
can shaft Of the Treadwell mines
Thursday. 60 miners, caught like rats
in trap, at the 1,100-foot level. with
no possible chance Of escape. were
blown to fragments and 100 others
were seriously injured: many OF whom
1t is feared may die.
The bodies of the dead were blown
into unrecognizable masses OF human
flesh. The scene when a rescuins
party descended to the level. was In
describable. The dead were lying
around, piled one on the top OF the
other and the groans and screams Of
the injured were heartrending.
It is believed that more OF the IN
fjured will succunb to their injuries
There is deplorable lack Of medical
men and in the company hospitals
which are crowded to the limit, the
mangled miners are suffering toi
want of medical attention.
The cause of the accident Is not
known at this time. 1t Is believed
however, that the explosion is the re-
suit of miners lamp coming In con
tact with the powder magazine Not
a man in the portion of the mine
where the explosion occurred escaped
| injury. 4.4 h- ..sl i
The scenes about the mouth of the
mine are pitiful The families OF the
miners are gathered about the en-
trance to the shaft and as the bodies
are carried from the death trap, there
Is wild rush to get near enough &c
make an effort at identification.
So badly are the bodies torn anc
mangled, that the only possible means
| Of Identification in most cases has
been by the clothing or property
| found in the pockets. ....
Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1910-03-11
Or. HYDE placed In JAIN.

Kansas City, Mo.-Dr. Bennett Clark
Hyde is a prisoner in the Jackson
county Jail, charged with the murder
in the first degree of Col. Thomas H.
swope and Chrisman Swope, death Of
Moss Hunton and attempts to poison
eight persons, members of the Swope
family, their guests and servants. He
was committed to jail Monday without
bond by Judge Ralph S. Latshaw in
the criminal court after arraignment
on the II indictments returned Sat
urday night by the grand jury. He
was placed in a hospital ward.
Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1910-03-11

of school of instruction. In the ev-
ening the first and third degrees OF
the order were exemplified, the work
being done by the team from Red
field. A number of prominent Knights
from out of town were present.
Among these were Grand Chancellor
Mccoy of Corydon and four of the
supreme representatives, DR.. Frank
Porterfield of Atlantic, Ben Salinger
of Carroll, Bernard Murphy of Vim
ton and Senator c. c. Dowell of Des
Moines. After the degree work was
given q banquet was enjoyed.
Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1910-03-11
WORTH KNOWING
olmpI. But Powerful Prescription for

oimple But Powerful Prescription for
rheumatism and Lame Back.
This was previously published here
and cured hundreds, SECT one ounce OF
syrup OF Sarsaparilla compound and
one ounce Toris compound. Then get
half pint or good whiskey' and put
the other two ingredients into 1t. Use
q tablespoonful OF this mixture before
each meal and at bed time. Shake tho
bottle each time" Good effects arefelt
the first day. Any druggist has these
ingredients on hand or will quickly get
them from his wholesale house.
Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1910-03-11

Thomas A. Edison foresees a Utopia
200 years hence when no one will have
to do any work, because the machines
will attend to all that. AS this will
be too late to benefit either this gen.
Grafton or its grandchildren, it may be
suggested that If Mr.. Edison will hurry
up and perfect that cheap storage bat
terry he has announced so often it
may advance the day when people
now living can enjoy the golden or
electric age.
Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1910-03-11
HOW A DOCTOR CURED SCALP
DISEASE

when was ten or twelve years
old I had scalp, disease, something
like scald head, though it wasn't that.
I suffered for several months, and
most of my hair came out. Finally
they had doctor to see me and he
recommended the Cuticura Remedies.
They cured me in a few weeks. l
have used the Cuticura remedies, also,
for a breaking out on my hands and
was benefited a great deal. I haven't
had any more trouble with the scalp
disease. Miss Jessie F. Buchanan,
R. F. D. 3, Hamilton, Ca, Jan. z. 1905"
Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1910-03-11
1hirteen.Year.oId Preacher,

Waterloo.-Lindsn chapel was
crowded with children and adults to
hear Will Huffman, age 10, the BOY
preacher. The lad acquitted himself
like veteran and preached strong
sermon on the 1.-TWO Builders" He
held the congregation spellbound by
his oratory. At the close he was
showered with congratulations. His
parents live at 1onia. He is here at.
tending high school,
Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1910-03-11
obIo,n 70 speak at Iowa City.

=
Iowa City Prof Isaac Joslin Cox
OF the University Of Cincinnati, pres
ident OF the Ohio Valley HISTORICAL
association, will deliver an address at
the meeting OF the Mississippi Valley
Historical association in Iowa City
next May. Professor Cox Is the auth.
or OF q number Of monographs and
other historical works which are
known all over the country. He has
written up "The Early Settlers OF
SAM Fernando" THE Southwest
Boundary OF Texas" The Early Elk
.ploration of Louisiana" and other sub.
jets of interest.
The meeting in Iowa City May Is
and rs will draw many of the most
distinguished men of the Mississippi
valley to Iowa City. On May rs there
will also be held a meeting of the
State Historical society.
Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1910-03-11
Divorced Couple Rewed.

Iowa City-Harry w. Fairchild
and Grace Fairchild, his former wife,
could not get along together and so
obtained, a divorce, hoping in this way
to end their difficulties. This was
but few months ago. They soon
found that they could not live with
out each other and obtained q license
to wed
Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1910-03-11
s12.ooo,0oo for BUILDINGS.

Observation-Disclosures Taft gave
Representative Bartholdt Of Mis-
souri,. chairman of the house COM
mittee on public buildings and
grounds, his approval of a public
building bill carrying not more than
$12,000,000 to be passed at this ses.
sion Of congress. The president was
given to understand that the measure
would provide only for projects which
are urgently necessary.
Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1910-03-11

Quail are reported to be starving
to death in southern Wisconsin be-
cause the heavy snowfalls have cut OF
supplies of food. If this be the case
the farmers should rally to their res
cue. The quail is semi-domestic in its
habits, and as the state has been CIV
ing the birds an opportunity to multi
ply by forbidding all hunting for them,
the farmers should be assisted by all
sporting clubs in extending help to the
quail in these days Of their adversely.
Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1910-03-11

Paulhan in his high fight contests
has attracted but mild interest COM
pared with the aerial feat Of food
stuffs; they are awaiting higher and
higher and the man that pays the
grocery bill is standing open-mouthed
wondering when they will come down
again. ,-.-. ..-.....
Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1910-03-11
PYTH|ANs BANQUET
After Holding District Meeting in
Des Moines.
GRAND CHANCELLOR PRESENT
Secret Work Of First and Third De
prees ExempIified by Team From
Redfield-Many Prominent
Knights Present.

Des Moines, Mar. 1.-The knights
of Pythias of Des Moines and the
neighboring towns held a banquet at
the Knights of Pythias hall over sos
East Locust street. This was the
browning event of the Knights Of
Pythias convention held here. The
program of the afternoon consisted
Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1910-03-11
FraternaI orders Merge.

Waterloo-The Highland Mobiles
of Waterloo and Modern National re-
serve Of Charles City, fraternal in.
surance orders, merged at a meeting
here. The headquarters of the new
order, which retains the name OF
Highland Mobiles, will be in Waterloo.