davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1910-03-29
Company Must Keep Its PrOmise.

Company Must Keep Its Promise.
In a decision rendered this MORN
ing in the case of Frank Ford against
the Oregon Electric Railway Com
pany, Judge Galloway held that the
company must comply with that por-
ton of it's contract entered into with
Tilmon Ford, now deceased, wherein
it agreed, on condition that 1t was
granted a right of way across his
land, in addition to the payment OF
the sum of 5000, it would stop all
local trains near the dwelling house
on the farm for the purpose of taking
on and putting off passengers. The
case is of much Importance, as should
it be sustained by the supreme court
it will have a bearing on the enter
ing into of future right of way con-
tracts, not alone by this company,
but also other companies which may
construct railroad lines in the state.
The contract was entered into In
the month of August, 1906, and up
en- the payment of the sum OF $500,
and the further agreement that the
company would stop its train near
the Ford home and take on and put
off passengers as soon as its line was
in operation, the right of way was
granted. The company, however,
failed to comply with this clause of
its contract, and, after the death of
Tilmon Ford, which occurred in
March, 1908, his brother, Frank
Ford, instituted suit In the circuit
court for the purpose Of enforcing
the specific performance OF the con-
tract in this respect.
y The defense contended that this
was not a case wherein court OF
equity could decree the specific per-
| fOrmance of the contract, and cited
authority in support of its contention
The contention was made that Ford
If he suffered any damages at all,
his recourse was that of case OF
damages in court of law, and the
question was also raised that the
matter of the establishment of depots
and train facilities and services II
general, under the laws of Oregon
came under the jurisdiction of the
State Railroad Commission, and was
| therefore, beyond the jurisdiction o.
the court.
Judge Galloway, however, decided
against both of these contentious
and, in making his decision, cited II
support of it, among many other au
thorties, decision rendered by
Judge Thayer, formerly a justice OF
the supreme court of the state. The
decision was in part as follows:
whenever contract is In its ma
ture AMI incidents entirely unobJec.
tionable-when 1t possesses none OF
those features which, in ordinary
language. influence the discretion OF
the court, IL is as much a matter OF
course for court of equity to decree
its specific performance as 1t is fol
a court of law to give damages"
AS to the question of 1t being in.
cumbent upon Ford to commence a
suit for damages, instead Of institut-
ing upon the enforcement of the con-
tract, the court held that the com
pany in the first instance had a right
under law to secure the right of way
by condemnation proceedings, and,
having failed to do this, and entered
into contract instead, that II was
now its duty to live up to It's terms.
Daily capital journal. (Salem, Oregon) 1903-1919, 1910-03-29
[uN1rrn rRnss 1nAsrp w1Rr.1

Cairo, Egypt, March 29.-Several
thousand Nationalists made
demonstration this evening before
Sheppard's hotel where Roosevelt is
a guest, following Roosevelt's anti
Nationalist speech of yesterday.
"Give us a constitution" they
shouted. Down with the autocra-
tic government"
Guests on the hotel veranda fed
in terror, from what they feared
would prove a violent outbreak.
Roosevelt paid no attention to the
demonstration. The Nationalists
marched and countermarched III
front of the hotel, repeating their
shouts for a constitution. They
wore the red tarbouches of the
Egyptian Nationalist party.
Daily capital journal. (Salem, Oregon) 1903-1919, 1910-03-29
Killed bv Auto.

Los Angeles, Calf, March 29.--
DR.. d. F. Howell, a well known Los
Angeles physician died at a hospital
here early today from injuries re-
ceived when he was run down by an
automobile in Spring street. His
skull was fractured and he died two
hours after the accident. A. Schus-
ter, driver of the car that struck
DR.. Howell, took the injured man
to the hospital then reported the ac-
cident to the police.
Daily capital journal. (Salem, Oregon) 1903-1919, 1910-03-29
neclded One Cnsa-

But one decision WAS rendered TO-
day by the supreme eourt-the case
Of the Irving Real Estate Company
against the city OF Portland. The
case was brought by the plaintin
for the purpose OF restraining the
city Of Portland from the collection
of certain assessment for q water
main, under an amendment TO tia
charter. Il being contended that tho
amendments we're not valid When
the ca8e was instituted Ia the lower
court ia MultnOmah county a de-
'murrer was interpOBed 10 the conn
plant By the defendant and 4 wa
sustained. The supreme courts DO
ciEion Is an afiirmAnce OF decree ~
the lower court
Daily capital journal. (Salem, Oregon) 1903-1919, 1910-03-29

were made with ggreat ceremony.
Colonel Roosevelt acted as host
twice during the day. He gave
tea to Prince Eitel Frederick, son of
the Kaiser and afterwards gave a
farewell tea to members of his hunt
ing party who came down the Nile
to bid him goodbye.
Daily capital journal. (Salem, Oregon) 1903-1919, 1910-03-29
Half a Billion CnnitaI.

Telegraph Co., at special meeting
today approved a plan to increase
from $500 ,OOO, 600 to $500, 900 900.
They also decided to increase the
membership of the board of direc-
tors from Is to 25.
Daily capital journal. (Salem, Oregon) 1903-1919, 1910-03-29
Great Storm on saIt Lake.

Ogden, Utah, March 29.-The wa
ters OF the great Salt Lake, which
were driven by the heaviest wind
storm in years, washed away the
eastern and western approached OF
the Southern Pacific trestle. cross
ing the lake. and put the main line
out OF commission today.
Daily capital journal. (Salem, Oregon) 1903-1919, 1910-03-29
GREATER
ERUPTION
IS FEARED
Scientists Say That Aetna'S
CraterS Are Only Choked and
That a Terrific Explosion
and Lava Flow Is Certain.
RESIDENTS MADE TO MOVE

Observes Say That Unless the Crater
Gives Vent to the Pent Up Fires a
Tremendous Earthquake Is Liable
to Devastate SiciIy-FaTms and
Vineyards Are Destroyed and the
Scene Is One Of Indescribable Des-
OlatiOn.
Daily capital journal. (Salem, Oregon) 1903-1919, 1910-03-29
Big shipment OF LIquors-

II is evident that Salem Is gradu-
ally becoming wholesale center
from the fact that thousands OF dol
Liquor Company received a con-
signment OF choice old Kentucky
whlskey yesterday amounting TO 75
barrels or 1000 gallons. This IL the
largest shipment ever unloaded IN
Marion county AZ one time, and the
cost OF this amount OF liquor n
$4,000.
Daily capital journal. (Salem, Oregon) 1903-1919, 1910-03-29
. ,
sUBsCRIBERS.

II you get your paper by
mail kindly watch the tag and
see when the time Is up. and
3 remit promptly, or notify us
TO stop the paper; otherwise
bill win be made for the time
the paper comes after expira-
tiOn Of last payment.
Daily capital journal. (Salem, Oregon) 1903-1919, 1910-03-29

%. Drowned in Wash Basin.
UNITED PRESS LEASED WIRE
. tn Norwalk, Conn, March 2S.
- &. funeral of William Harris,
VIII e, owned himself in a wash ba-
sin 2. be held here tomorrow.
Harr "A rs 73 years of age and a
vetera the Civil war. He COM
mitted de by lying on the floor
on his zach and holding his
face in a -,sin of water.
Daily capital journal. (Salem, Oregon) 1903-1919, 1910-03-29

a dozen mountain villages we're in
volved in the orders.
The towns will be occupied by tha
military, whose duty now places
them - constant danger.
Vegetation in the vicinity of the
mountain is destroyed. The or
chards and vineyards have been
beaten by a hail of hot stones and
cinders, buried in lava or smothered
in volcanic dust. The ruined area
is many miles in length and has
ISOLATE appearance.
Daily capital journal. (Salem, Oregon) 1903-1919, 1910-03-29
STIRS UP
POLITICS
INEGYPT
RooSeveIt's Speech Causes a
Demonstration by National
lists Who Made 0utCry Be-
fore His Hotel.
DEMAND A CONSTITUTION

English Government on Nettles All
the Time the Great AgitatOr Is in
Egypt-Is Not Saying Anything,
But Thinks Teddy Has Put His
Shovel in Where England Claims
Sole Ownership of All the Plant
Food.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-11-16
le rate Of 10 per cent month. or

the rate of 10 per cent month, or
better If desired.
The officers OF the club viii receive
no salary or compensation for their
work. The expense of running the
club will be paid by the company and
not the club, and, with no expense in
the conduct of the club, the members
will have the benefit OF all their mon
ey.
The money placed into the club will
be taken and invested safely, and un-
der conditions where the security Il;
gilt edged. The proceeds of the in
vestment will be divided among the
members of The club porportionateIy
to the number of shares Of stock they
hold.
The club has been launched for the
purpose of encouraging the employees
of the FL. M. Byllesby Co, to save their
earnings. 1t is thought that IL the
workers have the knowledge THAT the1-
are saving money and that their funds
are being safely and wisely invested
by the company where they can get
good returns, that they will take a
greater interest in their work and co.
operate more for the advancement of
the work of the company. While do
ing this the employees are making
money from their own money and are
better citizens as result.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-11-16
MURDER TRIAL
STARTS TODAY
JURY PANEL DRAWN TODAY FOR
CHARLES KING MURDER CASE
WHICH STARTED THIS MORN.
ING IN DISTRICT couRT-NE.
oRoEs OUT IN FORCE.

A jury was drawn this morning fol
the Charles King murder trial, which
is the next criminal case on the calen-
dar of the district court. King, colored,
faces the charge of killing James
Hutchinson, another negro, in Front
street dive about the middle of Sep
TENDER, as the result Of a quarrel over
a blackjack game. AT noon ten jurors
had been selected to the satisfaction
of the state and the defense
The court room was well filled this
morning with negroes of the city who
are interested in the case. All are
anxious for the trial to begin in car
nest SO that the testimony may bs
heard. 1t is reported that King has
enemies as we'll as friends among the
members Of his own race who were
present. and 1t is understood that his
enemies are just as much interested
In seeing him sentenced as his friends
are to have him acquitted.
The shooting of Hutchinson took place
in gaming room at the rear OF a bar
Der shop on lower Front street which
is conducted by a negro named White,
but who is known in that quarter as
THE Bear" The principals were en-
gagged I'm game of blackjack which
resulted in a quarrel wherein 1T was
claimed that Hutchison declared that
King owed him some money. King
denied the charge and Hutchison IL
declared to have quit the game and
left the place, returning little later
with a gun.
1t is reported by some who were
present that Hutchinson leveled the gun
at King, who whipped out his own re-
volver and shot his would be assailant
in self-defense. 1t is understood that
his fight for liberty will be made on
that plea. John @. Pfeffer appears as
Kings counsel. States Attorney Fow-
Ter is prosecuting the case for the
state.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-11-16
ICE SKATING
IN ISLAND PARK
DEPREssloNs NEAR SEVENTH
AVENUE AND FARGO COLLEGE
CAMPUS BEING FLOODED AND
WILL SOON BE READY FOR FOL.
LOWERS OF WINTER SPORT.

For some time it was doubtful
whether the young people lovers of
the sport of ice skating in the CITY
would have the benefit of the Island
park ice Kinks this year. Owing TO
the low condition of the river. It was
presumed by large number that that
pleasure would have to be dispensed
with this winter.
An encouraging report came from the
waterworks department. this week ana
u was decided by the city officials
to make every effort to see that Ice
skaters would not be deprived of the
fascinating winter pastime In build
Ing the new reservoir in the river near
the waterworls. 1t was clearly seen
that the surplus water rushing over the
spillway would be far more than suffi-
Client than to fill completely the Island
park depressions. So 1t was decided
by the mayor, city engineer and super
intendent of the waterworks to flood
those portions of the park at once
and give the water ample opportunity
to freeze and insure good skating
nearly ell the winter.
The work Of flooding the depression
began this morning and 1t Is thought
that BY Thursday or Friday the skat-
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-11-16
IAN INVESTMENT
CLUB Is FORMED
EMPLOYEES OF II. M. RYLLEsRY
co. WILL BE HELPED BY NEW
PLAN OF INVESTMENT CLUB
CLUB TO BE OPERATED AT NO
EXPENSE TO MEMBERS.

The Fl. M. Byllesby Investment club
lis new organization which has been
inaugurated for the benefit of the EN-.
ployes OF the FL. M. Pyllesby Co, own
ers and controllers Of the Union Light,
Heat & Power Co. of Fargo and many
large corporations in this country.
All the employees of the Union, Light
Heat & Power Co, In Fargo as well
as employees of the corporation in
other cities will have the privilege Of
becoming members Of the investment
club This will include the firemen,
engineers, stockers. linemen and
laborers connected with the company
and on the payroll OF the I'll. M. Byl-
lesby Co. The membership into the
club Is limited to the employees of the
concern and no other than employees
will be permitted to become members
Of the club.
BY the methods of the club, the
members will be allowed to buy
shares in small or large lots. and on
easy terms Each share will cost SO
and the limit of the number of shares
that any member may control Is 100.
Ten per cent of the amount is paid
down and the balance can be paid at
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-11-16
Big DOINGS AT RINK
Special Entertainment Features Next
Tuesday Night at Roller Rink
Prize Masquerade Thanksgiving.

Something lively is in order at the
roller rink for next week Two gay
events are announced; the first, next
Tuesday night in the form of special
entertainment feature to be announced
later; and the second on Thanksgiving
night when big prize masquerade
will be held.
Valuable prizes are offered for the
Thanksgiving masque. A silk umbrella.
a shopping bag and pair of nickel
plated roller skates are the prizes
posted. All are desirable enough to
cause spirited rivalry among the mas
queraders and there is no doubt but
that numerous clever costumes win be
found at this event. There will he
skating all afternoon and eevning on
day.
The rink is open afternoons and
evenings. Beginners will receive free
instructions any afternoon ait the hands
of courteous attendants. Visit the
rink.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-11-16
sHE QUIT.
DOE 4 Was : Hard PuII.


1t is hard to believe that coffee win
put person in such a condition as
it did an Ohio woman. She tells her
own story.
II did not believe coffee caused my
trouble, and frequently said / liked il
SO well / would not, and could not,
quit drinking it, but ] was a miser-
able sufferer from heart trouble and
nervous prostration for four years.
Il was scarcely able to be around,
had no energy and did not care for
anything. Was emaciated and had n
constant pain around my heart until
/ thought ] could not endure IT,
Frequently had nervous chiils ana
the least excitement would drive sleep
away, and any little noise would upset
me terribly. / was gradually getting
worse until finally one time it came
over me and | asked myself what's the
use of being sick all the time and buy
ing medicine SO that / could indulge
myself in coffee?
so / thought would see If L could
quit drinking coffee and got some Pos
tum to help me quit. ! made 1t strict
" according to directions and / want
to tell you, that change was the great
est step in my life. 1t was easy to
quit coffee because | had the Postum
which | now like better than the old
coffee
"One by one the old troubles left,
until now am in splendid health.
nerves steady, heart all right and the.
rain ali gone. Never have any more
nervous chills. don't take any medi
cine, can do all my housework and
have done great deal beside"
Read The Road to MELVILLE. In
rkgs.
There's Reason"
Ever read the above letter. "A new
one appears from tinrs TO time. They
are genuine, true, and full III human
interest.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-11-16
BID Sale Of Ready 70 Wear

Garments. the very choicest styles. the
very finest fabrics, the most depend
able values. Don't miss the sale that
lis now In progress at A. Il. Moody's
for 1t Is concrete demonstration OF
the merchandising power Of q great
store.
Astonishing bargains In ready to
wear garments for ladies, misses and
children. The pick of this season i
markets, the style exposition of the
city are offered In this sale at tre-
raendous discounts, genuine rednc-
tons from regular prices,
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-11-16
Coming Events
Monday, Nov. III.

Monday, Nov. a.
Tnterpretativs recital by Professor
Boehmer, at First Congregational
church.
Congregational church ladies gives
recital
Tuesday, Nov. e.
Lecture on Korea, BY Pres. G. G.
Creegan ait First Presbyterian church.
Tuesday. Jan, iT.
Tri-State Grain Growers convention.
Wednesday, Gan. 10.
Tri- State Grain Growers convention.
Thursday, Jan. 10.
Tri- state Grain Growers convention.
Friday Jan. 20.
Tri- State Grain Growers convention.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-11-16
Business Jots

Cook paints signs. Phone e25.
Have Cowie shave you. Phone 1850.
Furnished rooms by day, week or
month. Tweeden block. ". r. avenue.
II you sTAMMER write the National
Institute for stammerers Crookator,
MINI Absolute cure guaranteed.
The Forum does no Job printing.
send your next order to Hannaher &
gchannach. at 625 ". p. avanue. Fargo.
Chop souey, It Rathskeller. Moorhead.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-11-16
City in Brief

Miss Fannie Amidon of Valley City
has returned from Cory, Penn, where
she was called to attend the funeral
OF her sister, Miss Emma Anidon, who
died Nov. from d stroke OF paralysis.
Ills legal business and court affairs
at this time prevented Judge Amidon
from accompanying his sister to Cory,
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-11-16

J p. Johnson. secretary: Mckinley
lodge No. s22 NJ. B. A., will meet to-
night at Prizes hall
G. S, Putnam, G. C.: There win be a
business meeting Of knights OF Py-
thias tonight at 5 o'clock. All mem
bers are urged to be present. Visit
ing Knights in the city are cordially
invited. Remember the new location,
"A, o. u. w. hall
Cali J. F. Johnson FOR feed
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-11-16
chop suey a Ine Ratnskeller.
MARRIAGE License Issued.

A marriage license was issued this
morning in the county court to clar-
ence !. Norton and Julia !. Maths,
both Of Page
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-11-16
Howard Moody Take BIC

In today's advertisement but the
things that are advertised at Howard
Moody's YOU get, every time.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-11-16

interested in building up his business
through the medium of any method OF
legitimate publicity is invited to come
and be a talking member Of the first
meeting of the proposed Fargo Adver~
Using club.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-11-16

ing enthusiasts can begin their win
ter's sport.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-11-16

A. M. Baker, advertising manager of
The Forum, whose ideas on the subject
OF advertising should be interesting and
of value has expressed his enthusiasm
over the possibilities of such an or
ganization, as have several others who
direct the advertising OF the larger
Fargo firms
Let it be said again that every man
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-11-16

cali J. Y. Johnson for feed.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-11-16

TALK WITH LEWIS HART.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-11-16

Chop souey, = RathaksIier. Moorhead
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-11-16

Can }. P. Johnson FOR feed.
Anadarko daily democrat. [volume] (Anadarko, Oklahoma) 1908-191?, 1910-01-07

Onr esteemed contemporary the An
adarko Tribune, takes il rather e
heart because the Democrat failed to
notice It's glowing showing Of the
city's finances. This showing was
published as an offset TO a statement
in a recent issue Of the Democrat on
that subject. 1t was not made in the
spirit Of criticism for this paper has
given ample evidence Of the fact that
be the political complexion of the cit
y administration what it may, the
Democrat believes in all pulling to-
gether for the prosperity Of AnadarKo
and it rejects utterly any implication
Of the cavilling spirit that will in.
dulRe in carping crit cism to the det-
riment of the municipality. But it
expects to publish the news as the same
falls under it's observation and would
be glad if attention could always be
called to matters affecting the finan-
cial interests of the city.
Anadarko daily democrat. [volume] (Anadarko, Oklahoma) 1908-191?, 1910-01-07

Now in the coming year watch who
does the business, the men who do the
advertising or those who do not.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1910-03-11

nd newly inlI
Address P. Y
SD
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1910-03-11

d Siy-roOm cog
OIL ear ll7
81
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1910-03-11

ltrallv located
Get. sd
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1910-03-11

trge) room coz
modern euH
premises, n
e from kapld1
Nl
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1910-03-11

BINS, tieda "
gentlemen. ~
Il. For paf'lts,l
aiakea st, "
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1910-03-11

BELL |
BONDS |
7 ST. |
k Ezcaans. l
| the Board l |
drade.
Il DE1AIu
|E GIsTERs | |
adders foi ii
use In, |
Register q,
HoseI
d Surveyor
Land Surrey
Honolulu.
rtlsenlenN'
E time, 10 ceut
!
street; small
DOM. sos
-
,o,L;.; -
trge) room III
PREMISES T,Ias /. ! &
Sc from KsPio
@l
-
atrally loested
Get. 81
d six-roOm COD
on ear lin4
-
/
nd newly ~
address r ~.
-
Waikiki. 4
!
' ssst,; s:,s' !,
It For p ga'' Ta'1
'laA'' o. ~
1
TEL. Nc. lM4
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1910-03-11

rel. No. M
,ms bv tie da!'
FaaVv sIiuaiA
nqg.re or To
ERY SMITH