davidaulloa/AmericanStories huggingface dataset:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09
Right Of Way Decided ID.
Andfoscoggin Case.
Defendants Exceptions Sus-
tanned in Cumberland Case,
nix VS.. Eastern Steamship Com
pany to Recover Damages. ~

Two rescripts have been handed
down from the law court, deciding
cases from Androscoggin and Cumber-
land counties. The first case was an
action for trespass, Ellen B. Doten VS..
Carroll E. Bartlett, and the judgment
was for the plaintiff The Cumberland
case was one to recover damages for
injuries, brought by Harry +. HiX ct
al against the Eastern Steamship Co.
The case came before the law court on
the defendants exception, which were
sustained. -
The rescriptS follow: x
ANDROSCOGGIN COUNTY.
Ellen B. Doten VS.. Carroll f. Bartlett.
Rescript, Cornish, j.
In an action of trespass brought by
the owner of front lot, against the
owner of the lot in the rear, both hav-
ing at one time been owned by the
same person, to recover damages for
passing over the front lot to the road
the defendant claimed right of way
o: necessity.
Held:
l. That the basis of a right of way
of necessity is the presumption of a
grant arising from the circumstances
of the case. which is a presumption of
fact.
2. That where a deed bounds the
granted premises on one side by other
land of the grantee, SO that the grantee
could have access to the highway with
out passing over the remaining land
of the sranter. the presumption of the
grant of a way of necessity does not
arise.
3. That if such recital of ownership
of the adjoining land in the grantee
was in fact untrue, the grantee is
estopped by the recitals in the deed to
maintain such claim. He is pre-
cluded from asserting as against the
sranter and his privies any right or
title in derogation of the deed or from
denying the truth of any material fact
asserted ir ii.
Judgment for plaintiff for 81 dams
agea and costs.
Received Dec. Z, 1910.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09
LIQUOR TRANSPORTATION LAW.
ep. Massey Of Tennessee Introduces
His First Bill Ia Congress.

Washington, Dec. S.-The first bill
introduced by Representative Massey
of Tennessee, who has succeeded the
late William P. Brownlaw. was a meas
ure presented today making all intoxi-
eating liquors transported into any
state or territory for delivery therein
or remaining for use therein, subject
to the state or territory laws. The bill
is designed TO eliminate the exemption
Of such liquor from the state police
laws by reason of their introduction in
original packages.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09
CUMBERLAND COUNTY

~ MbrRLAND COUNIl.
Harry +. Hix, ct al. VS.. Eastern Steam
ship Co.
Rescript, Cornish, ]. =
In an action on the case to recover
damages from a common carrier for in
'uries sustained by horse in being
transported from Boothbay Harbor to
Portland, the plaintiff recovered YER
die.
On exceptions by defendant
Hold:
!. That common carrier. in the alb
sence of any statute to the contrary,
may, by special contract. limit it's liabiI-
ity at least against all risks but its own
negligence or misconduct.
?. That a careful examination of the
evidence leads to the indisputable con-
clusion that special contract was en-
tered into between the parties in this
case.
). That therefore the question of the
existence or non-existence of the special
contract was one Of law for the court
and not of fact for the jury.
a. That in consequence of the special
contract the defendant could only be
liable for its own negligence or miscon-
"iiu hot DIS an insurer at common
law
2 mat the ruling of the presiding
Judge in submitting that question to the
Jury was erroneous, as it gave the jury
an opportunity to find that there was
no special contract and that therefore
me defendant was liable as at common
law. in other words to base the verdict
Tor the plaintiff upon untenable grounds.
Exceptions sustained.
Received Dec. 1910
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09

ton, John G. Lathrop of New York and
George II. Kinter of Chicago.
There was no service at the receiv-
ing vault. other than the reading of the.
23d Psalm by Judge Smith and the last
verse in Jude: ITO the only wise God
or Saviour be glory and majesty, do
minion and power, both now and ever"
given as a benediction.
The casket was then taken within,
by the pail bearers, the vault was seal
ed, and there guard will be main,
tanned until a mausoleum has heen''
built on the plots chosen for the hAAfl
resting place of the. body. The man.
agen1ent of the ce-~atc-y closed ~
~'t~s before the arrival Of the car
riages and excluded from the grounds
all who were not of the funeral party.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09

1t will be we'll enough to set down
in ones diary that the kennebec river
was closed by ice for the winter Of
1901 on Tuesday night, Dec. 6, which
was the earliest date of closing since
the winter of 1867, when it closed
Dec. g. There are yet a few open
places in the channel at points along
The river but the freeze is said to be
a good one.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09

Miss Coughlin, Opera House block,
announces a clean sweep sale of her
whole stock of millinery, hats. trim
feathers. velvets. ribbons, etc,
all must go at some price, as work.
men are to come in and make havoc
her rooms. The tremen-
dous cut in prices call for a quick sale,
commencing Saturday, Dec. 10.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09

1t was Mrs. F. II. Malcolm who en-
tertained with Mrs. F. l.. Pond last
Monday evening, instead of Mrs. w.
S. Malcolm. as stated in Wednesdays
Journal. the two ladies giving a din
nar to the members of the two families.
The mistake was due to a combination
of INSTRUMENTATION and misunderstand-
ing. ~,
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09
ELECTIONS OF OFFICERS.
Choice Made BY Local Societies and
Orders for the Ensuing Year.

Following is list of the officers
lected for the ensuing year by the
oCieties and orders named below:
,ose of Sharon Chap. No. 10, o. e. S.
w. M.-Helen NJ. Hewins.
w. P.-Harry M. Lyons.
Asso. Mn. Viola Welsh.
, Secretary-Elizabeth NJ. Thompson.
Treasurer-Anna V. Dodge.
Conductress-EliZa Merrill.
Assistant Conductress-Fran HaZ-
lwOod.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09

John H. O'Melia late of the State
House force of employees, left on train
102 Thursday afternoon for Portland,
>whele he went for the purpose of TAX
ing mp the duties of assistant superin-
tendent of the new building of the
Fidelity Trust Co.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09

Friends OF "Uncle George" Viewer,
Who have missed him on Water street
for several days, will regret to learn
that he is confined to his home on
Gage street, suffering from a severe
attack of rheumatism
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09
SPARKS FROM MAINE WIRES.

Dudley F. Leavitt Jr.. an engine IN
spector employed by the Boston
Maine. was found dead Thursday nlght
i, the western division engine mouse
of Portland. The cause of death was
heart disease. He was 40 years ola
nd unmarried. He had held his pres
ont nosition about 10 years.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09

J. f. Wharf, met with painful ac-
cident Thursday forenoon while work.
ing at steam fitting in DR.. J. D. Nut
ting's house, Hallowell, by screw
driver slipping in such a way that it
penetrated the left eyeball, requiring
three stitches.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09
HAVE YOU PILES?
vet HEM Roid Under Money
Back Guarantee,

ples pies, protruding piles. itching
The a.. are cured with equal success by
leon1su Guaranteed internal remedy, DR..
lee t. aidts Hem-Roid. The suaran-
Inc :, 81 broad that it costs you moth
anv , YOU get no benefit. Don't waste
tories ore time with saives, SUPPOSE
tack +p other outside treatment. At
DAYS .Iunl for large bottle. lasting
,l4onhar%t 6owditch. Webster & Co. DR..
Props 40, Station II. Buffalo, n Y,
] - Write for booklet.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09

The cinematograph theaters which are
springing up like mushrooms in Berlin
and other German cities are socioIogi-
cal blessing. Countless thousands who
were in the habit of wasting their time.
money and substance in beer gardens and
cafes are now attracted to the moving
picture shows.-Deutsche Tageszeitung.
Berlin.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09

During the next six weeks tenn
porary auxiliary carrier service of
,hree hours per day will be employed
1t the Augusta lpostofiice. This has
3een allowed as relief during the
holiday period
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09

goods, Bowditch & Webster make a
particularly full display of travelling
cases, military hair brushes, pocket
books, mirrors and cigar cases. Their
prices are low and inspection is in
vited.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09

Intentional binding to escape conscrip-
ton for the army is still met in Egypt
The means employed are either the plac-
ing of a hot needle on the cornea, pro-
fucing dense white l7ucoma. or a pune
ture often involving the lens, or by til.
introduction of line or an irritant vege-
table juice in the eyes.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09

me Societe st. Jean Baptiste will
lold its regular monthly meeting next
sunday afternoon, at which officers will
De chosen for the coming year, and it
IS desired that all members be present.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09
nil Sheridan Circle, No. S, Ladies of
the G, A. r.

nil Sheridan Circle, No. S, Ladies Of
the 6. A. r.
President-Mertie A. Perkins.
S. V. Observation-Disclosures Getchell.
j. V. President-Helep Robinson.
haplain-Emeline Hobbs.
Treasurer-Catherine Brown.
Conductor-Mary Reynolds.
Guard-Sarah Brown.
Convention Delegates-F'irst. Nellie
Walker: second. Sarah Brown: third,
sidore Getchell fourth, Ellen Dana.
Alternates-Laura Nelson, Clara
Iitchell, Mary Reynolds and Fannie
Nichols.
THE officers elect will be installed the
rst Tuesday in January.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09

There will be an auction sale of
real estate and personal property on
the premises of F. J. Staples. 10
Arsenal street at 9 o'clock Saturday.
December H.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09

Judge Benedict f. Maher of the Au-
susta municipal court, who had been
n New York on business, has re .urned
to his home on Green street.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09
Lombard Camp, No. 2751, r. N. Of A..

Oracic--EVa +. kirkpatrick.
Vice oracle-Margaret f. Haskell
observation-disclosures V. Dodge.
Re"eiver-Lucie p. Lewis.
Chancellor-Daisy NJ. Stewart.
MarShal-Ellen A. Benn.
Assistant marshal-Edth II. Chap
man. ~
Inner sentinel-Abby L. Taylor.
Outer sentineI-Sarah B. Lane.
Manager for three years-Arthur w.
tewart.
Wellington Johnson, Geo.
r. Washburn.
Delegate to state Camp-Anna II.
'anford
Alternate-Eva F. Kirkpatrick.
AuditOr-ThomaS H. Dodge.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09

Augusta Nest of Owls will meet at
iolden Cross hall this evening. Election
II officers, also other important bust
ness. Refreshments.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09

The Perley Co.'S showing of their
select and distinctive attractions
make for early Christmas shopping in
order not to miss a choice"
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09
Daily kenneber Journal
Telephone 1876.
LOCAL BRIEFS

Andrew Leighton of Alma is passing
a few days in>the city.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09

The Congregational chapel will be
opened again today at 8 p. NJ. for the
sale of fancy articles.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09

Horace Purinton and A. E. Purinton
OF Waterville were visitors in Angus
Ia Thursday afternoon.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09

Storer Tanner of Sidney was among
the out-of-town people who were in
Augusta Thursday.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09
Seth Williams Post, No. 10, G. A. r.

Post commander-N. W. White.
Senior vice cornmander-A. A Mich
ls
Junior vice commander-Lucius s.
'ony.
Cha plain-Arthur l.. Brown.
Quart +. Hanson.
S'urrcon-Thomas Clark.
q. D.-Levi VI. Poor
O. G.-Warren A. Dolliff.
Delegates to Department Encamp-
lent-C. H. Davis and ID. p. Hanson.
NEUTRALITY-SUSPICIOUS. Cony and Warren
\. Dollof.
Trustees-N. T. Folsom, l.. b. Hill
nd y. $. Bangs.
The business OF the evening was fol
WED by q rousing campfire which
brought out large number of the old
omTades.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09

G. G. Blake of Boston was the guest
Of friends in town Thursday while here
40 business
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09

"A Chicken Pie supper will be served
tonight at the Congregational chapel.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09
Il was Crippled,
could hardly walk
and had to Crawl

down stairs at times on my hands
and knees. My doctor told me l
had an acute attack of inAammatory
rheumatism. | was in the hospital
tor weeks, but was scarcely able to
walk when | left it. read about
DR.. Miles Nervine
borght bottle and began to get
better from the start, and for the
Oast six months l have had scarcely
snv pain and am able to walk as
well as ever. y.H. SANDERS,
p. O. box 5, Rockaway, N. J.
Few medicines are of any benefit
for rheumatism, but Mr.. Sanders
tells plainly what DR.. Miles Re-
storative Ncrvine did for it. One
ounce of salicylate of soda added to
ooe bottle of Nervine makes an ex-
cellent remedy for rheumatism,
which is now known to be a nerv-
GUS disease and therefore subject to
The influence of a medicine that acts
through the nerves, as does
DR.. Miles Nervine
Sufferers from rheumatism seldom
AL to find relief in the use of
Dr.. Miles Nervine, with salicylate
Of soda.
Sold under a guarantee that assures
me return of tho price of the first bottle
II il fails to benefit. At all Druggists.
MILES MEDICAL CO., EIkhart, Ind.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-09
OR. c. L. WAKEFIELD,

swi. t,eialist in animal surgery, # that
NAL eer bothers you I know how to
ya,rs pleasant driver and double the
is n.y.. y, Your horse; let me explain, it
Phone 324-13, Augusta.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1910-10-01
SENATOR BoURNEs STAND.

In coming out flatfootedly against
Bowerman and other assembly nomi-
nees on the republican ticket Senator
Bourne has taken a courageous stand.
It is a stand that will make most
politicians hate him even more than
they do at present. They will raise
the cry that he is bolter and they
viii get their knives ready for him.
Yet Bourne has merely done openly
what hundreds of machine politicians
did in secret two years ago when they
knitted II. NJ. Cake in the senatorial
election and thereby aided in the cleo
ton Of Senator Chamberlain. He has
merely done what the ring politicians
OF this county have done many times
to candidates of their own party who
were displeasing to them. He has
merely done what these same poll
ticians will do to C. A. Barrett this
year II they get the opportunity.
/ Il
nominees of his own party why
should he not bolt them. And If he
l. going to bolt is it not far better
to act openly, as Senator Bourne has
done, than to use the knife in secret? ?
In the estimation of the East Ore
gonian Senator Jonathan Bourne has
risen greatly. He has placed citizen
slip above partisanship; he has said
in substance that he will support the
men who uphold the principles in
which he believes and that regardless
OF party names. He has broken a
conventional rule OF politics and a
rule which few public men have the
nerve to break. He has virtually told
the machine politicians of this state
t. go to the devil. For his courage
and his independence Senator Bourne
is to be admired.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1910-10-01
DeiCately
Formed

and gently reared, womer will find in
all the seasons of their lives. as maid.
Ems, wives and mothers, that the one
simple, wholesome laxative remedy,
which acts gently and pleasantly and
naturally and which may be taken at
any time, when the system needs o
laxative, with perfect safety and real
ly beneficial effects, is Syrup of Figs
and Elixir Of Senna.
1t has that true delicacy Of flavor
which is SO refreshing to the taste,
that warming and grateful touing tc
the stomach which responds so favor
ably to it's action and the laxative ef
feet which is SO beneficial to the sys
tenn when, occaSionally, its gentle
cleansing is required.
The genuine, always bearing the
name Of the California Fig Syrup Co.
may be purchased from all leading
druggists in original packages of one
size only, price fifty cents per bottle
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1910-10-01

ON THE MORNING WAY.
THE FIGHT is STILL ON.

If the direct primary law is to be
really sustained and if the reaction
airy or standpat element of the repub-
lican party is TO be fully subdued
then the fight that was made during
the primary campaign must be car
ried into the state election.
Assemblyism is still the issue. The
fate Of that question was not decid-
ed at the primary election. Though
the anti-assemblyites won in most in
stances the assembly forces named
the candidate for governor, through
a divided opposition, and they named
many men upon the legislative tick
ct. If Bowerman is elected and if an
assembly legislature is elected then
the assemblyites will be triumphant
after all They will claim that their
election is a vindication of assembly
Ism and they will proceed with their
work. They will probably revive the
efforts to make assemblies legal and
they may bring the notorious Brooke-
Bean bill out of the closet. Assem-
blyites would like to pass the Brooke
Bean bill and make II crime for a
legislative candidate to take state
ment No. l. Elect an assembly leg
islature and just such measure may
no reasonabl expected
If the assembly scheme is to be ef-
fectively squelched then the people.
republicans and democrats alike,
should vote against assembly candi-
dates in the November election. Pro-
gressive republicans should follow
the lead that has been set by Senator
Bourne and others. It would be the
height Of folly to follow party lines
at such a time as this. In Oregon
there Is virtually no issue between the
republican and the democratic par
ties. The issue is between those who
truly uphold the direct primary law
and those who seek to nullify the law.
II you believe in direct nomina-
ticns and in direct legislation then get
ready to vote your convictions, and
IT, vote them without reference to
party lines that now exist in name
only
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1910-10-01
EQUAL SUFFRAGE.

This year the subject of equal suf-
frage is to be voted upon again. 1t
will be the first initiative measure
upon the ballot and is designated az
"Women's taxpaying suffrage amend
ment, granting to taxpayers, regard
less OF sex, the right Of suffrage"
Because of the title there are many
who believe that the suffrage amend
ment proposed this year, II adopted,
will give the ballot only to women
who are taxpayers. But the title Is
misleading. The amendment is so
worded that IL It is adopted the right
70 vote will be granted all women.
Why the title and amendment are
worded as they are is difficult to un-
derstand.
The coming election will be the
fourth at which the people Of Oregon
have voted upon the question Of
equal suffrage in recent years. The
question was first submitted In 1900
and was beaten by 2137 votes. In
1906 the subject was again up and
the amendment lost by 10.173 votes
III 1908 the amendment lost out by
= majority Of 21.649.
How the people will vote this fall
remains TO be seen. In the judgment
Of the East Oregonian the day when
equal suffrage will be granted, II
ever. rests with the women. AS to
their right TO the ballot there surely
can be no question, nor can there
be question as to the ability Of women
10 use the right OF franchise proper
ly. The principal question has to dc
with the expediency Of granting suf-
fraxe to the gentler sex. DO the wo-
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1910-10-01

Allan had played the entire day
with Little Brother without an impa-
tient word. After saying his custo-
mary prayer that night his mother
suggested that he add: 81 thank God
1 was not impatient with Little Broth
or today" This he did with much
fervency; after which he remarked
that there were some other things he
would like to thank God for, and
forthwith he closed his eyes and said:
81 thank God l offered my candy
to father before taking any myself.
"I thank God / offered my candy
to mother before taking any myself.
"I> thank God I offered my candy
to Little Brother before taking any
myself.
And thank Goa there was some
left" October Lippincotts
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1910-10-01
WHY THE BOY GAVE THANKS.

Jupiter Pluvius deserves lynching
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1910-10-01
REX BEACH IN PANAMA.

The October Everybody's contains
the first installment of new serial
story by Rex Beach, entitled "The
Ne'er-DoWell" Five years ago the
first novel of the young writer, "The
Spoilers" was published serially in
Eyerybody's with instant recognition.
in the new story Mr.. Beach Is said
70 do for the Caribbean what "The
Spoilers did for Bering Sea in depict
ing the life and activities Of an Am
erican outpost. 1t is a performance
Of the Panama canal. full of dramatic
movement and power.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1910-10-01

men want to secure that right with
the responsibilities that accompany
the privilege? Whenever the ma
jcrity Of the wemen OF Oregon come
to truly want the right to vote it will
not take them long to obtain that
right.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1910-10-01

Next year the Roundup will be
held on a greater scale still. There
will be larger track and safer one.
Visitors should consider that the show
this year was gotten up rather hur-
redly and that it was therefore diff
ficult to make adequate preparations.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1910-10-01

Tls day of the green cloth operator
is about over. Even in Nevada, the
last ditch for the gamblers, strin-
gent anu-gambling law has been
passed and the press dispatches state
that yesterday was the last day for
gambling in Reno. The profession
of the tinhorn has become thing Of
the past.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1910-10-01

What are you doing these days?"
playing the horses"
mo money in that"
Yes, there Is. l get two dollars a
night for initiating hoofbeats in a
melodrama."
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1910-10-01

Did you notice the Hermistonians?
You can tell them by their smiles
and their optimistic handshakes.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1910-10-01

Those who saw the stunts at the
Roundup yesterday know the human
race is not becoming degenerate.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1910-10-01

We had fair weather and every
thing was lovely until the Portland
crowd arrived with webfoot rain.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1910-10-01

The district fair-it has been do
ing some business too.