davidaulloa/AmericanStories huggingface dataset:
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1910-02-03
A STuTSMAN CO..
CASE OF INTEREST
MONEY PAID BY MISTAKE MUSE.
BE REPAID. SUPREME
COURT DECISION.

A case OF some interest has just
been decided by the supreme court
The case WAS James National Bank
of Jamestown, North Dakota, a u
nited States corporation, PLAINTIFF and
Respondent, VS.. Fried Weber, De-
fendent and Appellant.
!. The findings Of the rrlar court
in actions at law where a jury has.
been waived arc entitled to the same
weight as verdict of jury, and
the same will be thus treated on ap-
peal. Therefore such findings will
not be disturbed unless they are
clearly against the preponderunce Of
the evidence.
2. Evidence examined AMI held I
clearly sufficient to support tie find
ings.
3. Money paid under mistake
of fact to one not entitled thereto,
and who cannot in good conscience
receive and retain the same, may
ordinarily be recovered back. Un--
piled promise on the payee's part to- $
refund the amount of, such pay
ment.
4. The fact that plaintiff had the
means of knowledge of such facts at
his command and negligenly failed to-
avail himself thereof will not defeat;
his recovery where such negligence.
has not resulted in loss or damage tos
defendant.
(Syllabus by the court.)
Appeal from district court of Stuts-
man county; Burke, J.
Action by James River National
Bank against Fried Weber.
From judgment in plaintiffs fav-
or, defendant appeals.
Affirmed.
F. Baldwin for appellant.
John Knauf for respondent.
Opinion of the court by Fisk, j.
all concurring.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1910-02-03
JAMESTOWN, NORTH DAKOTA, THURSDAY,

exceeded his authority in appointing
him United States senator, he re-
piled that the constitutional inhibi-
tion urged in this connection was nu-
gatory in the appointment of United
States senator's and applied only to
offices within the state of North Da-
kota.
"The senate is the sole judge of
the qualifications of it's own members
and I do not look for any compli-
cations in this matter, said Senator
Purcell.
Mr.. and Mrs. Purcell have taken
apartments in the Raleigh motel.
Senator Purcell was born in Flem-
ington, N. j., Aug. 8, 1856. He was
worked on farm, studied law when
twenty years of age, and was admit
ted to practice. He came to Da-
kota in 1881 and settled at Wahpe-
ton. He has been United States At
torney for the territory, member of
the constitutional convention and has
been a member of the democratic ma
tional committee. He was elected
to the state senate from the Twelfth
district as a democrat. He is mar
ried and has no children.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1910-02-03
WIRELESS TOWERS
Reported That Long Distance Lantss
Company VIII Extend Service,

Seattle, Jan. 29.--The long dis
tant telephone service Of the Radio
company, will extend into North and.
South Dakota next summer, when a.
tower will be erected in jamestown.
D. Lee deForest, the foremost wire
less engineer of the age will visit
jamestown shortly accompanied by
James G. Arnold, assistant engineer
of the Radio company who will have:
active charge of the construction
The decision to proceed at once with,
the erection of towers, was made at
meeting of the managers of the Pa
cific Radio company held in Seattle
last. week. The Pacific Radio COM
pany has the rights to the .deForest.
patents in all, the territory west OF
the Mississippi river.
The circuit. of which Jamestown
will be part, will include Fargo.
Bismarck, Grand Forks Aberdeen;
Madison, Pierre, Sioux Falls and;
Yankton. Conversations. have been
carried on successfully over Radio1
instruments between New. York anda
Chicago since last November. The
Radio. system has at the present timer
20 long distance stations in opera
tion, and is, adding to the aumber
as rapidly as towers can be erected
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1910-02-03
STRIKING SWITCHMEN BACK TO
Work.

From st. Paul it is stated that
only the regular scale of pay for
strike breakers and emergency men
will be given after February 1st,
and the Union Depot company will
not provide board and lodging any
longer. 1t is also believed many Of
the strikers who have not been radi-
cal and extreme, will be taken back
to work, the preference being given
to married men. The new men are
becoming familiar with their work,
and this with the assistance Of the
best men among the strikers, who
have been selected, is clearing up
the freight situation very fast. A
good many switchmen have left St.
Paul to secure employment else
where.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1910-02-03

served were we to eat less meat and
turn to articles of food much cheaper
and no less conductive-if not more
so-to bodily and mental vigor.
II quite agree with the statement
lately made by Mr.. J. J. Hill, that
it is not SO much the question of the
high price of living as it is question
of the price Of high living. When it
comes to the purchase of meat. every
one wishes to be in the fashion and
demands the choicest cuts. These
are far from being better and >nealth-
Ter food than others less costly, but
less fashionable: Certain housewives,
whose deposits in the savings bank
are of the lightest kind, If deposits
at all they have, would, when mark
citing, be ashamed to call for any
kind of.-meat that would not demand
a high price. Old settlers will tell
us that certain kinds of meat former
ly used, and very much valued, are
not even today sold by retailers be-
cause there is no demand for them.
"And then, in the manner of liv-
ing, among rich and poor, in Ameri-
ca, there is dreadful waste and ex-
travagance resulting from ignorance
of housekeeping, and especially of
the almost totally neglected art of
cooking. 1t has often been said, and
said with. much truth. that house
wife in France could prepare the
daintiest meal for her guests from
the waste of an American cottage.
Americans do not know how to save
in cooking, and what they do cook,
they do not know how to prepare in
a manner to make it palatable and
health-giving. A social and econo-
mic resolution would in a short time
be wrought out in America, If young
women were thoroughly taught the
practice of housekeeping and good
cooking.
'Here,'' the archbishop remarked,
"I am very much afraid I shall be
criticised for going too far into sub
jects that seem puite foreign to my
vocation. Yet I have my opinions
thereon; and I am not SO sure that
the preaching of the gospel should
not include. lessons in economy, hy-
giene, the selection and the prepar-
alton of the. daily food. The better
built the social and economic condi-
tions of the people, the easier the
task of uplifting their moral and
spiritual life"
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1910-02-03
SHOWING UP PAINT FRAUDS

Fargo, Feb. 1.-Prof. Ladd has
issued another bulletin showing a
paints put out by manufacturers in
the east. The adulteration Of paints
has become a national scandal but
Prof Ladd of North Dakota, is do
ing a great deal towards correcting
the evil. In one brand made in
Brooklyn, N. Y, the liquid part of
the paint was found to contain over
SO parts Of water and 16 samples
anaylized, contained all the way from
5 to 81 per cent of water. Several
samples of "pure white lead" con-
tanned only 13 per cent of white
lead.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1910-02-03
ELDRIDGE TOWN HALL OPENED

ELDRIDGE TOWN HALL OPENED
On Friday evening, the 28th inst,
the grand opening Of Eldridge Town
Hall occurred. The brass band gave,
concert under the able leadership"
Of Agent Filby. The affair was q
success. This was followed by a,
basket social, the proceeds were
handsome and beyond expectation,
but considering the object, viz the
maintenance of the band, it was not.
more than enough. A very enjoy
able evening was spent, everyone hav-
ing a good time. And later the
younger and some of the older peo-,
pie tripped the light fantastic till
early mourn. The music was fur
nished by Kraski and company
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1910-02-03
Governor Burke EXPLAINS.

Bismarck, N. D., Feb. 1.-Regard-
ing he appointment of Senator Pur-
cell, who was sworn in at Washing
ton this morning, Governor Burke
said this afternoon: II knew when
in Washington that Judge Thompson
intended to resign on Feb. 1. I
knew, too, that he was suffering from
heart troubles and had been warned
by his physicians that any excite
ment would be very dangerous to
him. If the fact that he was going
to resign was made public the num-
berless newspaper reporters that
would be seeking to interview him
would naturally bring on some ex-
element.
Had Weighed Candidates.
There was no necessity for any
publicity. It has been SO recent,
since went thoroughly into the
qualifications of the different candi-
dates, was not necessary for me to
open the matter up again in order to
make the appointment. Senator Pur-
cell is a man of wide experience and
great ability. He is pledged to
stand with the progressive democracy
of the country and his future politi-
cal career will depend on his fulfill
ment of this PLEDGE
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1910-02-03
KAVANAGH BUYS RANGE FARM

AAtANAGH BUYS ltANGE FARM
William Kavanagh, the land man,
has purchased the we'll known Phillip
Range farm, consisting Of 4S0 acres
lying just north of the city limits.
This purchase gives Mr.. Kayanagh
500 acres of land, all in a bunch,
and also gives him access, rom a
farm already owned west of the
Range homestead, to the James Riv-
er. This farm is now we'll adapted
for either stock or grain or both.
1t is one of the best located farms
in the county. Mr.. Range expects
to reside in Jamestown. Considera-
ton was $18000.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1910-02-03

Bismarck, Feb. 2.-As stated yes
terday, w. E. Purcell of Wahpeton,
was sworn in as member of the
United States senator, Senator Mon
ey, chairman of the democratic eau
Gus, presenting his name. Senator
Thompson was seated in the senate
on December 9Th last, and has serv-
ed not quite two months. Owing to
i'll health he had decided to resign,
but this was kept secret both in
the senate and in the state of Norh
Dakota. Few of the senators were
aware of his resignation when Mr..
Purcell appeared to claim the seat.
Mr.. Money sent up Governor Burke's
certificate of appointment. Senator
McCumber asked that Purcell be
sworn in. Chairman Burrows of the
committee on privileges and cleo
tions called attention to the fact that
the certificate was addressed to Pur-
cell himself and not to the senate,
which was irregular and he thought
the senate should take until the fol-
lowing day to Investigate. Other SEN
ators protested, including McCumber,
and Burrows withdrew his objection.
Former Senator Thompson, accom-
panied by his family, arrived yester-
day in Antonio, Texas, where he
will remain for several weeks. His
condition is much more serious than
at first supposed. In addition to
lung trouble he has a severe affec-
.tion Of the heart, which gives his
family great alarm.
j. v. Brooks was retained as priv
ate secretary to Senator Purcell, he
having served in the similar capaci-
ty for Mr.. Thompson. Senator Pur-
cell states that he was In favor Of
a revision Of the tariff, and expected
to be q candidate for re-election and
would make the tariff one Of the chief
issues In his campaign.
Asked &c Governor Burke has not
y
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1910-02-03
DEATH OF PATIENT.

"a The death Of Rosa Glowik, aged
81, occurred at the state hospital
Tuesday. She has been an inmate
OF the Institution three years. a
brother and sister were in the city
on visit. The father. Of the de-;
ceased is also an inmate Of the hos
pital. The remains were taken to
Forman for burial.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1910-02-03

In the forests are several pecu-
liar tree frogs which make long leaps
from tree to tree. Some Of them are.
eighteen inches long.
Clarence E. Edwards,
In Steele Ozone
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1910-02-03
W. E. PURCELL
APPOINTED SENATOR
SENATOR THOMPSON HAS RE-
SIGNED AND THE WAHPETON
MAN WAS NAMED AS
SUCCESSOR.

Again is the matter of the resigna-
ton of U. S. Senator Thompson re-
vived and is again denied at Bis
marck. .y
Notwithstanding the denial last
week by Governor Burke, it is stated
at Fargo that commission has been
signed for w. E. Purcell of Wahpe-
ton, who was among those first nam
ed in connection with the successor
of Senator Johnson. Ill health and
inability to attend to his duties is
the sole cause of the reported resig-
nation of Senator Thompson.
w. e. Purcell is a we'll known state
senator from Richland county, one
of the leading democrats of the state,
and it is stated that Purcell has al
ready left Wahpeton for Washington
with his commission.
On the other hand Private Secre-
tary Byrnes Of Bismarck, denied any
knowledge of the commission having
been issued to Purcell, and the gov
ernor is said to give the same state
ment. It's queer situation.
%.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1910-02-03
BOARD OF EDUCATION
Some Routine Business Transacted
Monthly Bills Allowed. .Ad-
journed Till Feb. 8.

There was meeting of the city
school board Tuesday eve, all men,
bers present but Mr.. Rathman. Supt.
Cranes monthly report was received.
It was moved that the superintend-
ent be granted leave of absence for
one week to attend the National Con-
vention at Indianapolis at his own
expense, during the month of March.
Carried.
1t was also moved that the hiring
of a clerk, to assist in the Office of the
superintendent with correspondence
and other duties be referred to
teachers committee. The clerical
work of the superintendent office
having increased so much it was re-
ported advisable to allow a small
salary for an assistant, the matter
will be reported upon at tho next
meeting. The board meets February
Sth, to consider bids, for finishing
the new school house,
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1910-02-03
His elundsr.

"How did you enjoy the musicale? :"
'Oh, / applauded at the wrong time,
as usual; thought the orchestra tun-
ing up was a classical number kan
sas City Journal. 5;53s.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1910-02-03

From Bismarck Tuesday afternoon
it was learned that all doubts of the
resignat ion of Senator Thompson
have been removed; that w. E. Pur-
cell, the we'll known democrat from
Richland county, has been appointed
U. S. Senator, and was sworn in the
senate this morning. Senator Thomp-
son did not hand in his resignation
to the governor, but to the senate
itself. Gov. Burke in stating last
week that he had not received
Thompson's resignation was there
fore stating the truth. -s~,,ss-...-a.. 49,, 80,
1t was understood in Washington
that the senator was intending to re-
sign and itds presumed that Purcell
received his commission on the un-
derstanding that Thompson was to
vacate the position. With the ap-
pointment of Purcell, Wahpeton will
have the honor of being the home of
two U. S. Senators, a most unusual
coincidence. With Purcell's ap-
pointment the ranks of the demo-
cracy in the state, which had become
somewhat disrupted on account of the
for the appointment, Wi
in fair way to close up again and
present an undivided front to the po-
litical opposition. Senator Purcell
is man of wide legislative expert
ence, active and popular with all and
his appointment will be generally
well received by his party associates
end personal friends around the
state.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1910-02-03

BILLS ALLOWED.
Jamestown Gas Co. S 3.78
Geo. w. Calburn, supplies 1891
Western Electric Co. 1887
McCulloch and Mudgett 285.77
Carl Wogeman, carpenter 1000
Stutsman Co. Abs. Co. 1910
Willis Smith 2.25
Chenery and Anderson 90.95
Lutz Lumber Co. 71.99
H. c. Flint, shades 2.85-
Mrs. w. Dunsmore, laundry 2.10
C. HI. Stoelting 27.61a
St. Paul Book and Sta. Co. $50
Alert # 200
jamestown Mfg. Co. s.e4s
Mcmillan Co., book 1.30,
Appleton and Co. 5.75
Gregg Pub. Co.. books $40
Neostyle Coz supplies 600
H. p. White and Co. 2.65
. a .ft r.
Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1910-12-02
TWO T0RNADOES CAUSE.
DAMAGE IN ALABAMA

MOBILE. Ala, Nov. 2s.-Two lorna
does struck FruitdaIe. Ala. so miles
north OF Mobile. Ala, early yesterday
morning. damaging the home OF Dennis
Daily, RACED timber to the ground for
miles around. unrooflng buildings and
did considerable damage The extent
OF the damage is not yet entirely known
as communication into Fruitdale is cut
on. wires being down
The first tornado struck Fruitdale
late Sunday afternoon ana another at
an early hour Monday morning. when
the majority OF the damage was done.
The house Of Dennis Daily was dam
aged and struck by lightning. being
burned with all its contents.
Mr. Daily was blown through the
hole made by the falling chimney when
IL crashed through the roof, but es-
capped with slight bruises. as did other
members OF the family large ware
house was unroofed and the roof blown
fr50 yards. where IL was broken to
pieces against the side of Mills store.
The trees were blown down all over
the town and timber in the adjacent
country is reported ruined. The lorna
DO seems TO have been local. as Yellow
Pine. ANOTHER small town but five miles
north OF Fruitdale, felt none OF the
gale.
Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1910-12-02
DR.. B. E. WARNER DEAD;
MINISTER AND AUTHOR

NEW ORLEANS, Nov. 2S.-Rev. DR..
Beverley Z. Warner, rector of Trinity
church, in this city, and one of the best
known Episcopal clergymen of the coun-
try. died at his home here at noon Sun
day. The immediate cause of his death
was heart failure. following a brief at
tack OF la grippe The announcement
from Trinity pulpit to the congregation
that their pastor was dead brought forth
touching manifestation of grief, men
and women weeping audibly.
DR.. Warner was born in Jersey City, N.
j., October IA, 1855. He was ordained a
minister of the Protestant Episcopal
church i'm 1879. He was for some years
rector OF st. Stephens church in Phila-
delphia, and had been pastor of Trinity
church here for many years. In addition
to his attainments in the church, DIR.
Warner was well known as an author on
literary and sociological topics. Among
his writings are:
Troubled Waters" a novel: English
History in Shakespeare's Plays" and
The Young Man in Modern Life"
Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1910-12-02
!. ]. HILL WILL INVADE
OREGON WITH RAILROADS

SALEM, Ore, Nov. 2e.-In making tb-
following statement, Theodore e VII
cox. president OF the Oregon Develop
ment league. which h. holding a conven-
ton here. brought the delegates to their
feet yesterday:
Last June, James ]. Hill, the en-
pire builder OF the northwest, gave me
his word that he would not only invade
the territory of the Hartman system,
known as the state of Oregon. but gave
me permission to quote him. The exact
words used by Mr.. Hill were:
More miles of railroad will be built
in Oregon during the next five years
than in any state in the union, except
Montana. / would have done Ii before
IL 1 could have gotten the money to-
gether.'
Mr.. Wilcox continued that from other
conversations he had with Mr.. Hill, he
felt safe In stating positively that the
vast wilderness known as central Ore
gon is to be opened by railroads and
made easily accessible to commerce.
Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1910-12-02
INSURANCE INTERESTS
DEPEND ON RAILROADS
George E. Ide Makes Appeal
to Commission at Rate
Hearing
tBv Associated press.)

WASHINGTON, Nov 2S-The interests
Of the life insurance companies with
their 100000 policyholders. in the avoid
ance of any federal action that might
impair their investments in railroad Sc
curities was called to the attention OF
the interstate commerce commission to-
day by George f. Ide, president of the
Home Life Insurance Company of New
York. .-...-. .-' ..-.
Mr. Ide testified that he appeared be-
fore the commission in its investiga-
ton of the proposed increase In freight
rates as the spokesman of the Associa-
ton of Life Insurance Presidents, ana
the vast army of policyholders, He de-
clared a false step by the commission
would seriously affect vast NUMBER
of citizens who were indirectly. but IN
tlmately related in the prosperity OF the
railroads and whatever action the COM
mission took would be regarded as a
precedent to guide the commission OF the
various states.
"Of the entire bond issue of the steam
railroads of this country amounting to
S911S, 900, O0O,' said Mr.. Ide, the life In
surance companies doing business IN
New York state held $1,139, 100000 or one
eighth The 2o,OOo,OOo. policyholders are
all collectively and individually interest
ed in the integrity of this Investment
fects unfavorably the railroads of the
land will strike blow at these securi-
ties 1t is not necessary to reduce the
railroads to a condition of bankruptcy
before the value of the underlying Sc
curities is affected f-.
e. E. Williamson, freight commits
sioner for the commercial organizations
of Cincinnati, resumed his testimony,
telling about the remarkably good" n
nancial conditio nof the American rail-
roads. He said that since the Hepburn
act the public had been contributing
greater revenues to the railroads ana
the effective enforcement of the law
against rebates practically spelled the
difference between bankruptcy and pros
perity for the railroads. He told OF
what he termed pessimistic pamphlet
prepared by Chairman c. c. McLane, OF
the Trunk Line, association, which, ne
said. was distributed by railroads, though
IL seemed to bear the market against
themselves" the document deploring the
rate situation as threatening the sta
bility of the railroads. v..@
The rate increase hearing will con-
tinue next Tuesday. -e .---Ess& .e--s