davidaulloa/AmericanStories huggingface dataset:
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-05-18
Supreme Court RuIina.

Il. A deed of real estate. absolute
in terms will not be declared a mort
gage unless the evidence is clear. spe-
cine, satisfactory and convincing that
sucn was the intention OF the parties
when the conveyance was executed.
y One Of the most decisive tests
to determine what the intention of the
parties was / whether there exists a
debt from the grantor to the grantee
as there can be no mortgage without
q debt or liability to be secured.
g. The form of the conveyance is
not controlling and parol evidence Is
admissible to show what the real
agreement was
a. The declarations of the parties
at the time and subsequently are also
admissible to determine what the real
intention was"
MILLER VS.. Smith, ct al. IN. w.
10y
Can this court say upon this record
as made here that he is perfectly SAT
isfied that this transaction was a mort
gage? 1t certainly can not. These rul-
ings OF our supreme court have been
followed time and time again, so that
the rule early stated by the court has
run down through all OF the decisions
whenever this same question has been
under consideration. until the final rul-
ing above quoted. 1t is rule which il
a sensible rule for the guidance Of
practical men in dealing in business af-
fairs
In view of the opinion OF the court in
this case that this was an absolute
transfer. 1t Is wholly unnecessary to
discuss the second poin. Counsel may
draw findings accordingly.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-05-18

VS.. Smith, our supreme court had be-
fore 1t a case in which they stated in
the syllabus
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-05-18

Here is where Mr.. Malette got start
ed in this deal. Once going, he found
that he would have TO have a little
more security than the old threshing
rig and he begins to buy up and pay
other Indebtedness, until finally this
Indebtedness, including that TO the
Cass county bank which was trans
Daily capital journal. (Salem, Oregon) 1903-1919, 1910-04-28

Every year a large number OF poor
sufferers whose lungs are sore and
racked with coughs are urged to go
to another climate. But this Is cost
ly and not always sure. There's a
better way. Let Dr. Kings New
Discovery cure you at home. "It
cured me OF lung trouble" writes
w. Il. Nelson, of Calamine, Ark.
when all else failed and / gained
AZ pounds in weight. It's surely the
King or all cough and lung cures"
Thousands owe their lives and health
to IT, Its positively guaranteed for
Coughs, Colds, LaGrippe, Asthma,
Croup-all Throat and Lung trou-
bles soc and 500. Trial bottle
free at j. Q. Perry'a
Daily capital journal. (Salem, Oregon) 1903-1919, 1910-04-28
Through
The Wall
By CLEVELAND MOFFETT
Copyright. 1909. by D. Appleton
a Co.
synopsis Of Previous Chapters.

Synopsis Of Previous Chapters.
Paul Coquenil, famous French de-
teetiVe, meets a mysterious young
girl selling candles in Notre Dame
cathedral. The girl, Alice, loves an
American, Lloyd Kittredge.-Co-
Quenil believes a great crime is
about to be committed, and present
ly it occurs. He has a strange pre-
sentiment of danger.-A man ia
found murdered in a restaurant. He
is recognized as MARTINEZ, we'll
known throughout all Paris as bill
lard player.
Lloyd Kittredge is suspected Of
having murdered the billiard player.
He is arrested at Alice's home and
put in prison.
CoQuenil starts to solve the case.
He discoveries the identity of a wo-
man known to have been with Mar
tinez when murdered.
Daily capital journal. (Salem, Oregon) 1903-1919, 1910-04-28

side. There" He pointed to the open
door where the concierge was waiting
Now. then, cherchep'
In an instant Caesar was out in the
Rue Marboeuf. circling again and
again In larger and larger arcs, as he
had been taught.
ITS q hard test" muttered Coquenil.
Footprints and weapons have lain for
hours in drenching rain, but Ah"'
Caesar had stopped with little whine
and was half crouching at the edge of
the sidewalk. head low. eyes tercely
forward. body quivering with excite
ment. Hes found something"
The dog turned with quick, joyous
barks.
He's got the scent. Now watch
him." and sharply he gave the word
VAR
Straight across the pavement darted
Caesar. then along the opposite side
walk away from the Champs Elysees,
running easily, nose down. past the
Rue Francois Premier. past the Rue
SlClllGul-4Nl tll pNs lllCL Oul lhlb AhN oAlS SSl
again and stopping suddenly.
There's where your murderer picked
up a cab" said the detective. Its
perfectly clear. No one has touched
that pistol since the man who used it
threw it from the window. Back Cae-
sar!' he called.
Obediently the dog trotted back
along the trail. recrosslng the street
where he had crossed it before and
presently reaching the point where he
had first caught the scent. Here he
stopped, waiting for orders, eying M.
Paul with almost speaking intelligence.
Caesar growled impatiently, strain
ing toward the scent.
"IIe knows there's work to be done,
and he's right" Then quickly he gave
the word again, and once more Caesar
was away, darting back along the side
walk toward the Champs Elysees,
moving nearer and nearer to the houses
and presently stopping at gateway,
against which he pressed and whined,
1t was a gateway in the wall surround
ing the Ansonia hotel.
''The man came out here" declared
Coquenil, and, unlatching the gate, he
looked inside. the dog pushing after
him.
Daily capital journal. (Salem, Oregon) 1903-1919, 1910-04-28
Reaching the Top.

in any calling of life demands a Wig
Orous body and keen brain. With
out health there is no success. But
Electric Bitters is the greatest
Health Builder the world has ever
known. II compels perfect action
of stomach. liver. kidneys bowels,
purifies and enriches the blood, tones
and lnvigorates the whCle system
and enables you to stand tAe wear
and tear of your daily work. After
months Of suffering from Kidney
Thouble," writes w. M. Sherman. OF
Cushing. Me-. three bottles Of Elec-
trio Bitters made me feel like new
man" SOC at ]. @. Perry's.
Daily capital journal. (Salem, Oregon) 1903-1919, 1910-04-28
Notice Of PostpOnement of Assess
ment on Fourteenth Street.

ment on Fourteenth Street.
Notice is hereby given that the as
sessment for the improvement of
Fourteenth street, from the north
line of State street to the south line
Of Marion street, in the city of sa-
lem, Oregon, has been postponed un-
til the I'd day OF May, 1910, at which
time the common council Of the city
of Salem, Oregon, at or about 1880
O'Clock p. m. Of said day at the coun-
Gil chambers will proceed to assess
upon each lot or parcel Of land liable
thereof fits proportionate share of the
cost OF the improvement OF Four
teenth street from the north line Of
State street to the south line Of Ma
rion street, in the city Of Salem, Ore
gon, according to the plans and spec
ifcations adopted for such improve
ment, and on file at the office of the
city recorder.
All persons interested In said as
sessment shall appear at said time
before said common council and pre-
sent objections, II they have any, to
said assessment, and apply to said
council within FIVE days following
said date for the privilege, II they
so desire, to make said Improvement,
In lieu of their assessment.
Done by order of the common
council Of the city Of Salem, Ore
gon, this 25th day of April, 1910.
w. A. MOoRES,
4-26-St City Recorder.
Daily capital journal. (Salem, Oregon) 1903-1919, 1910-04-28
4-26-St
Notice of Assessment for Improve
ment of Owens Street.

Notice of Assessment for Improve
ment of Owens Street.
Notice is hereby given that the
common council Of the city of Salem,
Oregon, will at or about 1880 O'Clock
p. m, on Monday, the I'd day of
May, 1910, at the council chambers,
at Salem, Oregon, proceed to assess
upon each lot or parcel of land liable
therefore its proportionate share of
the cost of the improvement of
Owens street from the east curb line
of Liberty street to the east curb
line Of Rock street, in the city of
Salem, Oregon, according to the
maps, plans and specifications adopt
ed for such improvement and on iile
in the Office of the city recorder. =
All persons interested in said as
sessment shall appear at said time
before said common council and pro-
sent objections, if any they have, to
said assessment, and apply to said
common council within FIVE days fol
lowing sald date for the privilege il
they so desire, to make said improve
rent In lieu uf their assessment.
Done by order of the common
council of the city of Salem, oregon
this 25th day of April, 1910.
W. A. MOORES.
4-26-3t recorder.
Daily capital journal. (Salem, Oregon) 1903-1919, 1910-04-28
x 4 X X X X X X X X X X 4 4 X
y MARKETS x
X X X X X X X X X X X X X X 4

San Francisco, April 19.-wheat
1.SO; Sonora, $1.771s a 1874;
goo dto choice, Calf. club, $1,000
1.65; northern wheat bluestem,
s1.67 " @1.72h; club, $1.62h a
165; Turkey, $1.60@1.65; Russian
Red, $1.571a Q1.e2h.
S1.17M@1.2O; fancy, $1.22H;
poor to fair, $1.1O@1.15; brewing
and shipping, $1.251a q 1874;
Chevalier, nominal.
Bggs-Per dozen, Calf. fresh in
cluding cases, extras, 231sc; firsts,
22h NC; seconds, 22c; thirds, 21c.
Butter-Per lb., Calf. fresh ex-
tras, 27c; firsts, 26hc; seconds.
25 Nc; packing stock o. 1, 24c.
New cheese-Per lb., New Calf.
flats fancy, 1870; firsts, 1Sc; sec
onds, 121sc; Calf. Young America
fancy, 15 NC; firsts, 15c, Eastern
Oregon, 19c; do Young America,
zoe; storage New York Cheddars
fancy, zoe; do singles, zoe; Wiscon-
sin singles, fancy, 19c; Oregon fan
cy, 1890.
Potatoes - Per Genital, River
Whites, 500 65c; in sacks with ex-
ira stock quotable at 10000 per
Genital; Lompocs, $1.40@1.50; Sa-
linas, $1.25Q1.35; new per h., 20
&c; sweets in crates, S2.25Q2.50
for fancy only.
Onions-Per Genital, Oregon,
$1.50 1.65; do Bermuda seed 3 5s
a &c per lb,; new green, per box.
soc.
Oranges-Per box new navals
choice $1.75Q2; fancy $2.2502.75
new Tangerines, 81 @1.50.
Daily capital journal. (Salem, Oregon) 1903-1919, 1910-04-28
Notice of Assessment for Improve
ment of Bush Street.


Notice is hereby given that !he
Common council Il tt. city of Sllo'n
Oregon, will at or al cut 1880 o'clock
p M, on Monday, the I'd day OF
N ay, 1910, at III. council chambe S
at Salem, Oregon, proceed to assess
upon each lot or parcel Of land liable
therefore it's proportionate share of
the cost of he improvement of Bush
street from the west line of Iign
street TO the east line of Fir street,
in the city of Salem, Oregon, accord
ing to the maps, plans and specifica-
tions adopted for such improvement
and on file in the office of the city
recorder.
All persons interested in said as
sessment shall appear at said time
before said common council and pre-
sent objections, If any they have to
said assessment, and apply to said
common council within five days fol-
lowing said date for the privilege, If
they so desire, to make said improve
ment in lieu of their assessment.
Done by order Of the common
council of the city Of Salem, oregon,
this 25th day Of April. 1910.
w. A. MOORES,
4-26-3t Recorder.
Daily capital journal. (Salem, Oregon) 1903-1919, 1910-04-28
ITO be Continued.)
A KNOCKER.

is a man who can't see good in any
person or thing. It's a habit caused
by a disordered liver. If you find
that you are beginning to see things
through blue spectacles, treat your
liver to a good cleaning out process
with Ballard's Herbine. A sure cure
for constipation, dyspepsia, indlges-
tion, sick headache, biliousness, all
liver. stomach and bowel troubles
Sold by all dealers.
Daily capital journal. (Salem, Oregon) 1903-1919, 1910-04-28

Read the pain nDrmuia on the box
of Pink Pain Tablets. Then ask
your Doctor II there is a better one
Pain means congestion-blood pres
sure somewhere. DR.. Shoop's Pink
Pain Tablets check head pains, wo-
manly pains, pains anywhere. Try
one. and see 20 for 25c. Sold by
Canital Drug Store.
Daily capital journal. (Salem, Oregon) 1903-1919, 1910-04-28
CHAPTER vi.

f~O light across frcm the Ansonia.
R on the Rue Marboeuf. was Il
EN little wineshop that remained
omen all night for the accom-.
Daily capital journal. (Salem, Oregon) 1903-1919, 1910-04-28

It's the World,a Rest.

ointment or balm to compare with
Bucklen's AFnica Salye. It's the one
perfect healer OF Cuts, Corns, Burns,
Bruises, Sores, Scalds, Boils, Ulcers,
Eczema, Salt Rheum. For Sore Eyes,
Cold Sores, Chapped Hands, or
Sprains, it's supreme. Infallible for
Piles. Only 2be at j. G. Perry's.
Daily capital journal. (Salem, Oregon) 1903-1919, 1910-04-28

4-2s-8t
Daily capital journal. (Salem, Oregon) 1903-1919, 1910-04-28

4-26-St
Daily capital journal. (Salem, Oregon) 1903-1919, 1910-04-28
Salem, FaIIs civ & Western ~

Leave West Salem ror;
Dallas, Falls City and Black Rock
.... >. ...... $500 q. m.
Dallas, Falls City and Black Rock
......1:sO and 4:35 p. m.
Sunday Trains for:
Dallas & Black Rock .....
$500 a. m. and 1875 D. m.
Trains Arrive at West Salem from
Dallas .... . ....s:15 a. m.
Black Rock and Dallas 1890 D. m.
Falls City 49,. ........4:15 p. m
Sunday Trains from:
Dallas 80. 80. ......S:15 p. m.
Black Rock 1;45 p. m. and $50 p. m.
Trains stop at all intermediate
stations.
9aIana. a lvev.fovA Auto Gtar.o
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1910-10-27
N. M. CLAIMS PART OF TEXAS.
New Boundary Dispute Raised BY
Baby State.

Santa Fe, New Mexico.-The COM
mittee of boundary of the New Mexi-
co constitutional convention decided
TO report that the i05d meridian is
the true historical boundary between
New Mexico and Texas. This would
give New Mexico two hundred square
miles now part Of Texas.
The committee on legislation adopt
ed a modified referendum proposition
through which law passed by legis-
lature may, within certain time, be
submitted to voters at the following
general election upon the petition Of
ten to twenty-five per cent of the quail
flied voters in every judicial district.
The committee on judiciary decided
in favor of an appointive supreme
court of three judges to serve IL
years at $500 year.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1910-10-27
ForeIan.

. u a
The small steamer Valeria, from
ReYal, Russia, for Hamburg, founder
ed In the Baltic sea. Four bodies
have been washd ashore and itis sup
posed that the whole crew of sixteen
was lost. (, . sa
King Manuel ii engaged in the
preparation of manifesto for distri-
button to the press Of Europe setting
forth his side concerning the revolu-
ton. The manifesto will not be pub
lished until some time after the
kings arrival in England.
The Philippine legislature has con-
vened. In his message Governor Gen
eral Forbes congratulated the govern
ment on the results of the Payne
2Aldrich tariff bill and saws that the
finances Of the Philippines are salts
factory. The fiscal year closes with
surplus in excess of 100000.
George Fong, alias Fong Ming Sung,
the young leader of the Chinese rev.
pulmonary movement, who is charged
with an attempt to assassinate Prince
Tsas sun, Chinese special envoy was
held to answer by Judge Mortimer
Smith In Oakland, Cal, and bound
over to the superior court on 81, 900
bond. The formal charge is an at
tempt to commit murder with a dead
" weapon.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1910-10-27
GARDNER HEADS c. G. N. W..
Marvin Hughitt Resigns on Account
of Age.

Chicago, Iii. Marvin Hughitt,
for nearly "a years president of the
Chicago and Northwestern Railway,
gave up that position to become chair
man of the board of directors. The
board of directors, after accepting his
resignation elected William A. Gard
ner to succeed him Mr.. Gardner also
was elected president Of the Chicago,
st. Paul, Minneapolis and Omaha
road. Mr.. Gardner formerly was vice
president, in charge of the operation
of the Northwestern road.
Mr.. Hughitt is now in his seventy
third year. He said after his success
sor had been chosen that he does not
intend to rust out, nor retire from ac-
tive service, but that in the new ca
pacity of advisory leader he will take
an active part in the management of
the road. Mr.. Gardner lives in Chi.
cago.
Mr.. Hughitt's retirement from active
leadership necessitated the following
changes:
Richard Aston. formerly general
manager, nov yice-president in charge
of operation.
William B. Cantillon, formerly as
sistant general manager, now general
manager.
Samuel G. Strickland, formerly as
sistant general superintendent. now
general superintendent Of the lines
east of the Missouri river, with the
exception of the Minnesota and South
Dakota divisions.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1910-10-27
AzuREA, DUSSELDORF AND THr
AMERICA III MISSING OVER
100 Hours.
TO SEND Relief PARTIES
Ontario Government to Aid in Search.
ing Northern WiIds.-Aeronauts
May Have Drowned or Are
Stranded on an Island.

st. Louis, Missouri.-Relief exredi-
tons to search for the pilots and aids
of the three missing balloons, Azurea,
Dusseldorf H.. and America H., which
started in the international race here
Monday and who apparently have been
lost, will be started from Toronto.
Ont, Monday, if no news is received
from the men before that time by
officials of the Aero club of ST. Louis.
The German balloon, Germania.
Capt. Hugo Won Abercron, pilot, and
August BlanckertZ, aid, landed at Coo
coocache, lT9 miles north of Quebec.
Wednesday morning. This is approx
naate!y l,195 miles, and may mean chat
all worlds records have been broken.
| The situation in reference to the un-
reported balloons assumed most ser.
ious aspect. 1t is believed here that
the men have landed somewhere in
the wilds of Canada, where they may
be the victims OF starvation before
succor can reach them.
Fred Allen, chief of the United States
The Aero club called upon General
signal corps at Washington, u. c., to
have the revenue cutters patrolling
the Great Lakes look for wreckage
in Lake Huron Steamship companies
which have vessels plying Lake HUI
ron and Georgian Bay have been re-
/ quested to join in the search.
The Ontario government, through it's
lieutenant governor, j. M. Gibson, not
flied the club that it's services would
be rendered in the search for tho
| missing men,
All of the balloons should have been
down and reported by Wednesday
night, according to Aero club officials,
and the fact that more than a hum
dred hours have elapsed since the
start OF the race, and neither pilots
Messner, Hawley or Abercron or their
aids have reported to the Aero club
of America has given rise to grave
apprehension for their safety.
1t was pointed out that the great
est danger is anticipated in the case
OF balloon having descended in Geor-
gian Bay.
This stretch Of water contains more
than 10000 islands of all sizes. where
the aeronauts might perish before re-
lief could arrive.
Think HeIvetia Won.
Cobalt, Ontario. - Colonel Tneo-
dore Schaeck and Paul Armbruster-
who landed with the balloon Helvetia
at Villa Marie, Quebec, arrived here
en- route to Montreal. satisfied that
they have outdistanced all COMPETE
| tors
1--WE were 46 hours out when we
landed" said Schaeck. I'VE could
| have gone further but it was the only
settlement we could see for long
stretch of country and we decided to
alight"
The aeronauts reported that several
persons had fired at the balloon dur
| ing the trip.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1910-10-27
DAVID B. HILL IS d. AD
WELL KNOWN DEMOCRAT PASSES
AWAY.
Heart Failure Causes peat!, Of Form
err Senator From New
York.

Albany. New York. - David Ben
nett Hills life work ended. his body
rests at Wolfert's Roost, his country
home near Albany. The interment
will take place at Montour Falls,
Schuyler county. where the former
governor and ex-Tnited States senator
was born 81 years ago.
Senator Hill had been i'll nearly
three weeks with cold and bilious
attack, but his condition had not been
considered serious. He was sitting up
in bed to take drink of water when
he was seized with an acute dilation
of the heart. Death quickly followed
with no one but nurse at his bed
side.
Although he-retired from active par
ticipation in politics following the
presidential election of 1904, Senator
Hill was deeply interested in the Pro-
gress OF the present campaign. AS
late as last Friday he discussed the
situation with Judge Parker.
Senator Hill never married, did not
smoke and rarely INDUCED in intoxi-
cants.
Wolfert's Roost, two and one-half
miles from the capital, was purchased
by Senator Hill in 1893 from the heirs
of Fritz" Emmett, the actor. The
house, beautiful structure with odd
hooks, corners and gables, stands in
the amidst of 14-acre park and cost
it's builder small fortune An arti
fetal lake fed from springs by an i'm
mense Dutch windmill, lies between
the villa and the public highway.
Governor White issued a proclama
ton requesting that the flags upon all
the public buildings of the state be
displayed at half staff until shutdown
OF the day of Senator Hills funera
and that the citizens of the state unite
in appropriate marks OF respect to his
memory.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1910-10-27
THREE NEW STATE BUILDINGS.
Architectural Competitors Arc An.
nounced at Washington.

Washington, D. c. A massive
aquarium for the fisheries bureau, and
comprehensive law library system
are among the striking features Of a
trio of great department buildings to
cost an aggregate $7,750,000 soon to be
erected in Washington under three ar
chitectural competitions
The competitions are for the selec-
ton of architects Of the buildings for
the department of state, justice. and
commerce and labor. costing respec-
lively, under the authorizations limit
Ing the expenditures, Sss,200,000, ST.
100000 and s3,65o.OOO. The buildings
will be erected just south of the treas.
nry building
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1910-10-27
JULIA WARD HOWE DEAD
CREATOR OF "BATTLE HYMN OF
THE REPUBLIC" PASSES AWAY.
Was Ninety-one Years of Age and Was
Always Active in Every Noble
Effort.

Middletown, Rhode Island. - Julia
Ward Howe is dead. Bowed under
the weight of her 81 years, the noted
philanthropist and author succumbed
to an attack of pneumonia. The end
came peacefully in her summer home
here Hs; three daughters were al:
the bedside, but her son was absent.
The funeral will be held at the Church
Of the Disciples, Unitarian, in Boston,
Thursday.
Those who knew her intimately said
that Mrs. Howe's unfailing optimism
was the greatest source and support of
her manifold activities Born in a
cultured home in New York City and
educated with care, she showed early
a remarkable avidity for study and
superior literary tastes.
She was out 20 years of age when
she came to Boston, and met DR.. Sam
uel Gridley Howe, the great philan-
thropist, and two years later they
We're married. From that time until
Dr. Howes death III 1876 S7s this remark
able couple showed a never-tiring CO.
partnership of activity in ali things
making for the uplift os mankind.
After her husbands death, Mrs.
Howe continued her work for many a
worthy cause. She had shared her
husbands labors for the Greeks in
their struggle for independence; she
had assisted him in his anti-slavery
work and fired the nation with her
Battle Hymn of the Republic;" she
had Joined heartily in the crusade for
woman SUFFRAGE then in the last year
OF her life by participating in a pub
lie hearing at the State House and
urging that action be taken to insure
pure milk for infants
Although perhaps best known on her
literary side as the author of the Bat
tie Hymn of the Republic" Mrs. Howe
was the author of many other poems,
of which she had published several
volumes, and of many prose works.
She was one of the most prolific con-
tributors to the Woman's Journal, the
woman suffrage publication, of which
she was a founder.
Mrs. Howe leaves four children, Mrs.
Florence Howe Hall, prominent wo-
man suffrage worker; Mrs. Laura e.
Richards, an author: Mrs. Maude
Howe Elliott, wife of John Elliott. tine
artist, and Henry Marion Howe, pro-
lessor of metallurgy at Columbia Uni.
versitY.