davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-31

agent or representative shall have
such power or be deemed or held to
have waived such provisions or con.
ditions unless such waiver, If any,
shall be written upoa or attached
hereto. nor shall any privilege or per-
mission affecting the insurance under
this policy exist or be claimed by the
insured unless So. written or at
tached."
In applying for such insurance
plaintiff acquainted defendant AID it's
agent with the true facts regarding
his interest in the property, but not.
withstanding such information, the
defendants agent carelessly and neg
ngently omitted to state I'M the pol
icy the nature of plaintiffs said in
terest. About three weeks after the
policy was issued loss occurred.
In an action to recover on the policy
defendant seeks to escape liability
upon the ground that such policy, by
it's terms, is, and was void at it's in
ception on account of the above facts.
Held, for reasons fully stated in
the opinion, that defendant is es'
topped to urge such defense.
2. Where a fire insurance company
with full knowledge of facts which,
under the stipulations contained in
the application or policy, renders
such policy void at its inception, is
sues and delivers the same and COL
lects and retains the premium there.
for, it will be deemed in law to have
implicitly waived such forfeiture and
will not be permitted to urge the in.
validity of the policy in an action to
recover for q loss hereunder. Ger:
tain language contained in the opin.
ions in Johnson v. ms. Co., N. D.,
1877, and Lamb v. ms. Co., N. D., ap-
proving the federal rule to the con-
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-31
trary is disapproved.

trary is disapproved./
3. Where a policy of insurance has
been delivered and the premium col.
lected with full. knowledge of all the
facts it would operate as a fraud up
on the insured If the insurance com.
pany was permitted to avoid the pol
icy after a loss by urging the invah.
dity thereof at it's inception on &C.
count of stipulations contained there
in.
4. Restrictions in a policy limiting
the power of agents to waive condi.
lions, except in a certain manner,
cannot be held to apply to those con-
ditions which relate to the inception
of the contract where the agent with
full knowledge of the facts issues
the policy and collects the premium
and the insured has acted in good
faith.
Syllabus by the court.
Appeal from district court, Cass
county, Pollock, J.
Action by John Lessen against the
St. Paul Fire & Marine Insurance
company. From an order overruling
a demurrer to the complaint, defen'
dant appeals.
Affirmed.
Geo. A. Bangs for appellant.
v. r. Lowell for respondent.
Opinion of the court by Fisk, j.,
all concurring, except Spalding, j.,
dissenting.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-31
MEMORIAL DAY Was
!. PROPERLY Observed
PARADE AND EXERCISES At THE
/: ARMoRY WERE ESPECIALLY
APPROPRIATE
More Honor Paid to Old Soldiers than
: for Many Years-Armory was Pack
ed to Hear a Pleasing Program.

The memorial day exercises came
off as planned by those having the
matter in charge. Promptly at 1870
the line of march formed on Second
street and started with the regulars
from Fort Lincoln in the lead, fol.
lowed by members of the G. A. R.
post and Company A, and the chill.
dren from the, Indian school,. The
appearance of the little batch of men
who wore the blue In the trying, times
of the civil war called forth applause
at various points along the line OF
March. IN When the procession re.
turned TO- the ,armory, the grand army
entered and occupied the seats pro-
yided for them, while the companies
were disbanded.
An appropriate Memorial day pro.
gram had been arranged, consisting
Of songs by pupils. of the Indian
school, the public. school and st.
Mary's !, parochial" school. The choir
sang several patriotic selections, and
Deputy State Superintendent E. J.
Taylor gave brief account of the
events leading up to the battle of
Gettysburg and read Lincoln's i'm.
mortal address, delivered on Novem.
Der, 1868, when the national GENE
terry was dedicated.
James w. Foley read several poems
and verses suitable to the occasion.
One was written especially for this
'exercise and was dedicated to Nc
Pherson Post G.. A. r.
Comrade A. H.. DeGroff, past de.
partment commander of the state of
Wisconsin, was among the honored
guests present, and at the invitation
of the Post he addressed the audi
ence. He is an easy and fluent speak
er, with a wealth of reminiscence and
incident, and he proved an entertain
ing addition to the program that had
been arranged. Mr.. DeGroff enlist
ed when he was fifteen years of age
in Jere Rusk's regiment in time to
join in Sherman's memorable march
to the sea, and he has been promi-
nent in Grand Army circles in Wis.
consin for many years. Two years
ago he came west and bought farm
near Driscoll, and with his wife he
came up to celebrate Memorial day
with the local G. A. r. post. His ad
dress was timely and at times hum
orous and serious and pathetic. He
was well received
The entire program was enjoyable
the armory being packed with inter
ested listeners. The hall was hand
somely draped with the stars ant
stripes and pictures of the leading
generals adorned the walls. Plants
and flowers were literally used in the
stage decorations.
The city has never before observed
the day so generously. All public of
fees closed all day, and the stores
and business Offices closed at noon
The Stars and Stripes flying half
most was much in evidence, both II
the business and resident sections
Bismarck certainly honored the mem
DRY of the heroic dead with prope1
spirit and ceremony, and the G. A. R
post is to be congratulated on the
manner in which all the arrange
nents were carried out.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-31
GREAT INTEREST BEING TAKEN
At SEVERAL LOCATIONS ON
RIVER,
House Has Made Great sueeess-Im-
Secured - Secures Data.

State Engineer Atkinson has been
actively engaged during the past few
weeks in looking after irrigation work
which private enterprises are under.
taking at several locations along the
Missouri river.
Mr.. Atkinson is enthusiastic over
the possibilities for irrigation in the
state and believes that the time has
arrived when the farmers realize that
with good dry farming methods, sup.
plemented with irrigation wherever 1t
is possible to obtain the water, no
such thing as crop failure will be
known.
investigation into the climatic con.
ditions surrounding the large ana
successful irrigation projects in Mon.
tana, Idaho and Wyoming, and is con-
f1dent that growing season and
soil conditions combined with a great
or annual rainfall, are fully as we'll
adapted to raise alfalfa, grains and
small fruits as any of the states nam
ed, and it only requires small
amount of labor to make use of the
water which comes down our cOulees
and streams to make more productive
the entire western portion of the
state.
As one instance of what can be
done with the use OF a small water
supply in increasing the yield, H. w.
House, who has a farm of $40 acres,
twelve miles west of Underwood, has
damned coulee which runs through
his land, and has arranged bitches so
that he can turn the spring .run-off
over his land. Last year he so irri-
gated about one hundred acres, and
states that his yield Of wheat on this
land watered, was thirty-f1ve bushels
per acre, and his yield Of oats ono
hundred bushels per acre.
This season he is increasing and en-
larging his bitches so that eventually
he will be able to spring flood five
hundred acres. + y
4 The United States department of
agriculture has recently issued a bull
letin on irrigation in North Dakota,
written by the state engineer, and
copies of this may be obtained by ad-
dress ing the secretary of agriculture
at Washington, D. c., or the state en-.
gineer's Office.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-31
Inthe Supreme Court

John Lessen, respondent, VS.. St. Paul
Fire & Marine Insurance company,
corporation, appellant.
l.. Plaintiff whose sole interest in
the property insured was that of q
holder of a sherfff's certificate under
a mortgage foreclosure sale, applied
for and there was issued to him a
fire insurance policy, the premium
for which was paid to and retained
by defendant company. The policy
was standard form adopted in this
state containing the following stipu-
.lations: This entire policy shall be
void if the insured has concealed or
misrepresented, in writing or other
wise, any material fact or circum.
stance concerning this insurance or
the subject thereof; or If the interest
of the insured in the property be not
truly stated herein. This en-
tire policy, unless otherwise provided
by agreement. Endorsed hereon or
added hereto, shall be void .
if the interest of the insured be other
than unconditional and sole owner
ship. This policy is made and
accepted subject to the foregoing
stipulations and conditions, together
with such other provisions, agree
ments, or conditions as may be in:
dorsed hereon or added hereto, and
no officer, agent or other representa-
tive of this company shall have pow.
er TO- waive any provision or condi.
ton of this policy, except such as by
the terms of this policy may be the
subject of agreement Endorsed here
on or added hereto, and as to such
provisions and conditions no officer,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-31
ADDRESS SCHOOL CHILDREN

At the public schools yesterday tho
high school was entertained by ad-
dresses from Judge Winchester, State
Superintendent sStockwell, Comarde
Cordner, and an. Interesting program
of music and recitations was rendered
by the high school pupils. The Sixth
and Seventh grades invited J. w.. Fol-
ey to entertain them for a half hour,
and were thoroughly appreciative of
a program of a dozen verses done IN
real boy and girl style.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-31
COL. FUTILE OUT AGAIN.
Would Represent kidder County Ir
Legislature.


COL w. P. futile of Dawson, was
among the guests in the city yester
day. He has filed his petition as q
candidate for the legislature and 'ex
poets to be in the race till the finish
and afterwards. Col. futile has spent
part of the winter in California, and
returned to the state early in the
spring to look after his interests at
Dawson and west of the river. He
says he expects to make clean and
vigorous campaign to be nominated
and elected, and to make one of the
best representatives Kidder county
ever had in the legislature-and his
friends can cheerfully indorse the
statement that he will prove like
able, capable and efficient representa-.
tive in the legislature.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-31
MANY REQUEST eAPTIsMs.

Many parents are requesting Rev.
Magin before leaving the city to
christen their children. At both SER
vices Sunday he administered the sac
rament of baptism and there are sew
eral more to be christened this week.
He has already baptised about one
hundred persons.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-31
BL0TTING PAPER.

Ito Discovery Was the Result OF 4
Workman's Carsiessness.
Blotting paper was discovered pure.
" by accident. Some ordinary paper
was being made one day at a mill In
Berkshire when a careless workman
forgot to put in the sizing material.
It may be imagined what angry scenes
would take place in that mill. as the
whole of the paper. made was. regarded
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-31
. COMMITTEE Meeting.

The committee appointed to confer
with the city commission on the pro-
posed purchase or lease of the plant
1of the Bismarck Water Supply Co.,
are notified that they will meet with
the commission to talk matters over
on Monday evening, June 6.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-31
Suffer. For H.r Belief.

'rThere are no martyrs these days"
"Oh, l wouldn't say that"
do you think there are any people
today who would suffer tortures for
their beliefs"
MY wife believes that an eighteen
inch waist looks better than twenty
two. and think she suffers lot of
genuine torture because Of that be-
lief."-Houston Post.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-31
CIVIC LEAGUErMEETING.

There will be a meeting of the
Civic improvement league at the
home of E. H. L. Vesperman this af-
ternoon. It is requested that there
be a good attendance as there is
business of importance to transact.
The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1910-05-19

which they depend for a living, the
protection Afforded by adequate tnriff
rates. These men appreciate this one
act OF greatest value to themselves
and to their families. and It s an ALL
powerful element In this county that
the Hubbard headquarters up in
Wheeling seem toSneglect in their cal
culatlons as TO the outcome in Marion.
Take It from he. 1t is fine fight go-
Ing on here. and 1t isn't any lead pipe
cinch for Mr.. Hubbard. either.
Hon. Lamar Powell and Col. Tom
Fleming are ably conducting the Scott
end OF II. They are men OF wealth.
prominence andllong years OF active
experience. Some OF their chief lieu-
tenants are men like r. n. Koen. OF
Warrington. delegate the last national
convention: Dr. Mcdonald, superin-
;endent OF the Miners hospital; Adolf
plus Hess. big iumberman. OF Amos;
William Parker. prominent farmer
and hustling Republican worker; DR..
j. II. BrownHeld. former Representa-
tive in the legislature from Marion
county; James R. Lynn. cashier of the
Citizens Dollar Savings Bank; NJ. A.
Jollifre, ex-sheriff and wealthy busl-
ness man interested in many enter
prises: State Senator W. Scott Mere
dith, openly and above board for SEN
ator Scott and Will cast his vote for
his, reelection in the legislature next
January; Robert T. Cunningham. en-
thusiastic and loyal Republican. and
auditor of the great Fairmont Coal
Co.: and George Holden. chairman OF
the Republican city executive COM
mittee.
The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1910-05-19
NOTICE OF STOCKHOLDERS
MEETING.

A special meeting OF the stockhoid-
ers OF the WEST VIRGINIA. FAIR
ASSOCIATION AT C:IlARKsBURG,
win be held at the Office of said cor
porations In the City Of Clarksburg,
on the 2sth day Of May. 1910, for the
purpose of authorizing the board Of
directors Of the corporation to sell
all of the real estate and other assets
of said corporation and to wind UP
the affaits Of said corporatics and dis
solve the same, and surrender its
The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1910-05-19

charter. Also for Concerning the board
OF directors Al such time. aud on such
notice as the stockholders OF said
meeting shall deem advisable
The above meeting Is called by the
undersigned, who own, together, more
than one-tenth OF all OF the outstauds
ing shares of the capital stock Of said
corporation. rs.
Given under our hands this eth day
Of May. A, D., 1910.
E. D. DElsoN, Trustee,
H. E. CORK.
CAMDEN soNEMERS.
e w. H LEWIS.
The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1910-05-19


Grant Miller.
Precinct No. S-voting place. =. s.
Ice. J. B. Fisher. d. w. Bonghner.
( Precinct No. 4-voting place. Wall
Ter House H. NJ. Heayener, d. j.
Hickman, E. y. Flowers.
Precinct 80. 5-votlng place. Nut
ter House. ". W. Ours. Al. SMALL
wood. James G. Hendricksor.
Precinct No. 6-voting place. Bart
lett School House. Frank coftman.
&C. q. woiverton. Lee Huffman.
Eagle District.
Precinct No. l-yotlng place. Lum-
terport. Daniel Mason. Byron Cum
bingham, H. G. Robinson.
Precinct No. s-voting place,
Wyatt w A. Rusk, VIII J. Fortney.
N,. w. Hess. ~
Precinct No. s-votlng place, Rob
inson school house. siias starks. E. F.
Monroe, George NJ. Martin.
Elk District.
Precinct No. 1-voting place, Quiet
Dell. Sidney Raymond, John Ross.
6. w. Hickman.
Precinct Nos. 2 and s--voting place
Romines Mills. Late DAWSON. Aus
tin Williams. Howard Martin.
Grant District.
Precinct No. 1-votlng place. Mt.
Glare. James Atkinson, 7. NJ. Combs.
Stephen Lowther.
Precinct No. e-voting. place. Los,
Creek. j. Scott Hall, Jonathan coch-
ran, Floyd Mounts.
sarlis District.
Precinct No. 1-voting place. sar-
dis. Jesse Haggerty, 3, F. Llnville,
Alex DAVIDSON.
Precinct. No. 2-voting place,
Brown. o. NJ. swiger, Al P. Bennett,
Leonard Martin.
| Precinct No. 3--voting place. Wal
lace. i. L. DAWSON, Luther Pigott
In. E. Martin.
Simpson District.
Precinct No. Voting place
Bridgeport. George Camp, Jesse G.
Lawson. John Gawthrop.
Precinct No. 2-voting place, Gras-
selll E. W. Eakins, Guy Lawson
Harvey Ash.
Precinct No. 3-voting place. Mead.
OVERLOOK. Henry R. McCcrd. w. w
Kelllson, George H. Smith.
Tcninilc District.
Precincts Nos. and e.-vctine
place, Salem. Fred Powell, c. r
Bailey, Alex. NJ. Ritter.
Precinct No. 3-voting place, Brls.
toll. Ira Ash, j. w. Johnson, Frank
E. Davis.
Precinct No. 4-voting place, Lynch
school house-M. v. Hurst. w. f
Meredith. Gibson Bumgardner.
Precinct No 5-yoting place
Marshville school house. George w
Williams, Eli Estlack. Wiley strother
Union District.
\ Precinct No 1-votlng place
Burnside school house. Harvey Nor
ris. W. ]. Law, A. w. Davis.
Precinct No. 2-voting place, Jar
visville. James Casey, E. *. Sommer.
Vile. j. a. l.. Day.
Precinct No. 3.-yoting place, Yves
Milford. H. l.. Munday, Daniel Tn
derwood, Lloyd Washburn.
Resolved. That at the Primar.
Election provided 20 be held on thu
4 18th day of June, 1910, any candidate
for United States Senate may at hi
/ DUN eynense aupoint and have nfes
ent at said election at each precinc
in said county, challenger who shall
be present at the election and during
the counting of the ballots.
The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1910-05-19
new FAIR
Company's Property May Be
Purchased Soon by the
Old Fair Company.

An adjourned meeting of the stock
holders of the West Virginia Central
Agricultural and Mechanical Society
will be held here at 9 o'clock the af-
ternoon of May 81 for the purpose of
receiving report from the directors
of the association, who were directed
at meeting of the stockholders yes
terday to obtain proposition from
the West Virginia Fair Association for
its property. The stockholders at their
meeting yesterday adopted new set
of bylaws.
Bisbee daily review., 1910-04-12
sisbee.

totals 30 9 - 3 p II .
'Plake out hit by batted ban x Corr
ran for Plake I'm 9Th.
Threo-base hits-Da!rymple, era
ham, Deabins:
fwo-base h'ts-K erwin. Graham
Carlson.
Bases on ba'ls-OT Kane /. OF Math.
ewson ?, OF Marshall 3.
Struck ou.-By Marshall s. by Kane
2 by Walters /. by Mathewson >.
Wild pitches Walters.
Double plays-Deak.ns and Ker,gin.
Deakins. Kerwin and Grindle: Eckert
Carlson and Ford.
Hit by pitcher-By Mathewsou
Plake; by Marshall. Eckert.
Time-1:45 Attendance-s00 I'm.
BY Innings
ia 50 y
Bisbee daily review., 1910-04-12
COCH|SE BUILDING
AND LOAN METSE
OLD BOARD REELECTED AND
PROSPEROUS CONDITION IS
SHOWN DURING PAST YEAR.

Last evening the annual meeting
OF the Cochlse Building q Loan asso-
citation was held a; the Offices of e.
r. Ellinwood and the old board OF al.
rectors was elected to serve another
year Tho directors are George e.
Buxton. j. +. Curry. NJ. }. Cunning
ham. l. c. ShattHek. c. w. Moon. A.
T. Sowle. Gerald Sherman c. II. Holz
and Jakob Schmid
The board will meet next Monday
evening to elect officers. According 10
reports presented last night, the n.
nancial conditions are as excellent
as could be desired Two years ago
the company was organized for the
purpose OF loaning 10 the miner who
did no. own his home amount where
by he could obtain one on small
monthly payments. The rate OF in
terest is very low eight per cent. and
many workingmen have taken ad,
vantage of the proposition and now
have fine residences.
The plan is that tire borrowers be
come stockholders and therefore reap
absolutely all the benefits OF the as.
ISOLATION. which is paying better than
ten per cent today. with the compound
interest system. The organization came
forward az a perod when times were
hard and very little money could be
obtained at the banks. several of he
different companies being responsible
for the organization being sustained
Bisbee daily review., 1910-04-12
DEMOCRATIC CLUB
WILL MEET TONIGHT

The democrats Of the Warren Dis
trict are invited to attend the meeting
of the Warren District Democratic
club tonight at the Fair Hall. An In.
teresing program has been arranged
and all are urged 10 be present in or
der that they may hear some things
which are Of vital significance to the
party.
Attorney Gilmore of Tombstone will
be one Of the principal speakers ana
his theme will be national. territorial
and county politics Mr.. Gilmore is
vel known in the territory as an ora
tor and is sure to make all ho hear
him feel glad that they are working
for he kind of democracy which he
will PROFOUND
Mayor Neale viii speak on the sub
iect Of municipal politics and has ad-
dress should be of especial interest 90
those democrats who live in the city
Of B.sbee and have supported the ad-
mlnistration for he past two years.
Bisbee daily review., 1910-04-12
EVEN INITIATED BY
BISBEE ELK LODGE
TOMBSTONE MEN TORTURED
AND THEN sooTHED AT MERRY
GATHERING LAST NIGHT.

Seven residents OF the neighboring
burg known by the graveyard title.
most Of them county officials. were
made to understand how il feels to
be pricked on the west side of the
trousers by a William Goat that's
been fed on green chill and trained
for week upon the art Of butting a
book beer sign to fragments at every
sitting.
The stunt was pulled of an Odd
Fellows hall and those who enjoyed
the fun were members OF the Bisbee
Lodge No. 671, b. p. o. f. From the
howls eminating from the lodge room.
it was evident to the sharp-eared out
siders that the officials We're getting
what was coming TO them fer what
they've done-and what they haven't
done-since holding public Office at
the county seat. The victims OF the
William were F. ID. Cradle. postmas-
ter: f. A Hughes. DR.. II H. Hugert.
II. S Blackman. Charles r. Howe.
County Treasurer c. W. Hicks and r.
H. Coe.
Fifteen Elks made the trip from
Tombstone by auto to see their fel-
low townsmel initiated Most OF
them came over in autos. Chief
among them were Sheriff Jack
White f J. Sidell. J. NJ Motor
man Charles \. Mcdonald. county re-
corder. aad others.
After the ceremonies last night a
light luncheon. followed by a smoker.
kept the boys from bed until the wee
sma hours.
Bisbee daily review., 1910-04-12
Third Inning.

Dpuglas-hcFarren out. Blake TO
sirst Pullman. on good catches.
took care of Kane and Smith in Or
der No run. no hit
Bisbee-Grindle popped to Ie-
Brand in front of the plate. Kane
threw out Hanson. Marshall hit
hard drive 70 right. on which Nc
Farren made fine catch No run.
no hit
Bisbee daily review., 1910-04-12

pouglas-Ford got the first hit of
the game, a single to left. Eckert
sacrificed. Marshall TO Hanson. Carl
son flew out 10 Deakins and Ford
was doubled of second. Deakins to
herwin. pretty play. No ul. one
hit
Btsbee-Pullanan famed. Blake
secured the first hit for the home
team By beating out a grouader to
second. Da'rymple hit into a double
play. Eckert TO Carlson TO Ford. No
run. one hit.
Bisbee daily review., 1910-04-12
HERE'S EVERY PLAY IN THAT
GREAT SUNDAY EXHIBITION
Ninth inning.

Doug'as-LeBrand cut. short 10 first.
Ford was thrown out at first by Mar.
shall Eekert was hit by a pitched bah
Carlson hit to right. Deaklns got 10
It. fumbled and Eckert tried to score
Dead recovered. threw to Kerwin.
who whipped the bali 20 the plate
three feet ahead Of the runner on the
best and most sensational play Of the
day
The tabulated tale.
Bisbee daily review., 1910-04-12
Eighth inning

Dougfas-Marshjnll pitched eleven
balls this inning. flaming Smith. Mains
and Redford in order One Of these
was a foul ball with two strikes on
the batter, the other was a called ball
Bisbee-Hanson famed. Marshall
walked. Hanson ran for Inn. Hanson
stole second and went 10 third on Carl
sons error. Kerwin famed and era
hs. was out. short TO first.