davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-02-04

time the suit was brought, the parties
having, by contract, expressly sttpu-
lated, in effect, that no goods shall
be paid for until actually delivered.
2. The plaintiff ordered from de-
PENDANT under contract containing a
stipulation as above stated, certain
nursery stock consisting of trees. The
next day after delivering same plain
tiff discovered a deficiency in the
shipment and Immediately demanded
the return to him of the portion Of the
purchase price corresponding to such
deficiency Or the balance of the trees.
Held, that Immediately upon a de-
NAL of such demand cause of action
occurred in plaintiffs favor for the
recovering of such over-paym
3. Other contentious of appellant
relative to the sufficiency Of the de-
mand and the nature of the action,
considered, and over-ruled.
Syllabus by the court
Appeal from the district court of
Wells county, Burke. J.
Action by William Sheers against
Clinton Falls Nursery Co.
From a judgment in plaintiffs favor
and from an order over-ruling de-
PENDANTS motion for a new trial, de-
PENDANT appeals.
Affirmed.
Geo. K. Shaw, for appellant.
J. J. Youngblood. for respondent.
Opinion of the court by Fisk, j.,
all concurring.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-02-04
BOYCOTT POOR MEAT
GUSSNER SAYS TO LEAVE Boy
COTT OFF HIS GRAIN FAT
TENED MEAT.
A Big Cut in Prices On Bacon anc
Lard.

Try Gussner's fresh cured break
fast bacon and open steam kettle rem
dered lard All this bacon is cor
rectly cured, fresh smoked and not
mouldy or musty. Our bacon will no
doubt please you, but we want you to
be the Judge. We are going to sell
this bacon and lard at thirty per cent
less than it can he bought any place
else in the state. Bacon in pieces
from eight to twelve pounds, 16 cents
per pound; smaller pieces from five
to eight pounds, II cents per
pound. Lard in quantities of fifty
pounds or more, 15h cents per pound;
one pound, II cents. We are selling
this bacon and lard at less than man
ufacturer's prices to our retail Gus
toners. We are also selling this lard
and bacon to out of town stores and
can. show them that we can save
them money by buying from us instead
Of buying from packing houses down
below. We do not have any sales
men or agents on the road to sell
our meat, and not having this ex-
pense we allow this on prices to our
customers.
DO not forget that Gussner is an
expert in the manufacture of sausage
and all lines of butchering or curing
meats.
We have two other bargains to
offer. Sterling clothes lines Of the
best quality, at twenty cents per line,
and along with each line we glve three
dozen Of good clothes pins, free. We
also have a cheaper line at Is cents
with the free clothes pins.
Good, fresh fish, ~ cents per
pound.
GEO. GUSSNER,
Main street, Bismarck. N. D.
Phone 60.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-02-04
Danish CATARRH
BREATHE HYoMEi FOR TWO MIN.
UTEs AND STUFFED UP
HEAD WILL VANISH.

If you want to get relief from cat
arrh, cold in the head or from an ir-
ritating cough in the shortest time,
breathe Hyomei pronounce it High
o-me.)
1t will clean out your head in two
minutes and allow you to breathe
freely.
Hyomei will cure a cold in one day,
it will relieve you Of disgusting SNUFF
f1es, hawking, splitting and offensive
breath in a week.
IHyomei is made chiefly from eu-
calyptol, a soothing, healing, germ
killing antise2tic, that comes from the
eucalyptus forests of inland Austral-
ia where catarrh, asthma and con.
sumption were never known to exist.
Hyon1ei Is pleasant and easy to
breathe. Just pour a few drops into
the hard rubber inhaler, use as d.
rectei and cure is almost certain.
"A complete Hyomei outfit, including
inhaler and one bottle of Hyomei costs
only 500 at druggists everywhere,
and at Lenhart Drug Co. II you al
ready own an inhaler you can get an
extra bottle Of Hyomei at druggists
for only soc.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-02-04
sw,TcHMEN 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 1, and the Union
Depot company will not provide board
and lodging any longer. It is also be-
lieved many of the strikers who have
not been radical 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.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-02-04
VISITED THE TRIBUNE.
Driscoii People Surprised at Size OF
the Plant.

Jacob Enz, John G. Nfckle and A.
A. Unruh, all prominent formers in
the vicinity OF Driscoll, were in the
city Thursday and. during the even
ing favored the Tribune with a call.
Being shown over the plant they ex-
pressed their surprise at the size and
up-to-dateness of the outfit. Mr.. Nick
lie will make five year proof on his
claim near Driscoll before the United
States land Office Friday morning.
The other gentlemen are his wit
neSSes,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-02-04
pRlscouL REVIVAL MEE''NSs'
Minnesota Men Are Holding services
Herr School.

Revival services are being held III
the Herz school house near Dr'scon
this week and it is expected they will
continue for the next week or TWO
demanding on the interest taken. Rev.
Jacob Wiens of Ulen, MINI, anu 49,. :
Jacob Stoes of Mountain Lake. Mlnn''
arc leading the services.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-02-04
BIG DANCE FRIDAY NIGHT.
Music Will Be Furnished BY Loch-
ner's Orchestra.

Owing to the fact that Lent is so
near, Ldchner's Orchestra of Mandan,
will endeavor to render their very
best music on Friday night, Feb.
4th, at the ArmQry hall. Invitations
are extended to all lovers Of good
music. Tickets on sale at G. P. hotel,
Cowan's drug store, and Lenhart's
drug store.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-02-04
The Golden Rule
GROCERIES and NOTIONS

"A few prices to show we are still
trying to make close prices and still
leave a margin for profit.
Fresh Dairy Butter, per Id: ...,.. 3oc
Good Cooking Butter, per ID. 80. 25c
Perfection blend Coffee, a regu-
lar sc grade, per ID. ........ CSC
Large pkg. Quaker Oatmeal for. 2Ac
Fresh bulk Oatmeal, lbs. for. .. Csc
2 lbs. Fresh roasted Peanuts -. Csc
Flour is cheaper, Climax, per SO
ID. sack %. III
Washburn Flour, per SO Id sack. g. 90
Best Cidar Vinegar, per gal. 49,. Csc
Remember our special prices on
many articles at 10 and Is cents each
to run this week.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-02-04
ST. MARv's SCHOOL SOCIAL.
Members Of the Seventh and EiQ nth
Grade to Entertain.

The members Of the seventh and
eighth grades of st. Mary's school
will give a social in the hall at the
school this afternoon at 2 o'clock un-
til 4. Everyone interested is cor
daily invited to be present.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-02-04

business tour Of the west. Mr.. Col
Inns represents the Washburn Crosby
Flour Milling Co., and states that the
flour business west of the Missouri
Slope is maturing with the country.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-02-04
Weather Conditions.

The pressure is high in the south
west. and low over the Lakes an IN
the Canadian northwest. The temper
allure is moderating in the north and
northwest and the indications are for
fair weather Friday with higher
temperature.
ORRIS w. ROBERTS,
Official in Charge.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-02-04
SOCIAL.

The Epworth League of the Metho.
dist church will give Valentine social
Monday evening, Feb. IA, at the new
church parlOrs.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-02-04
GOOD NEWS.

John Quinlin is able to be out in the
air every day and take short walk.
He is gradually regaining his Health
and strength, which will be glad news
to his man friends.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-02-04
NICELY LOCATED.

Cards from Mrs. Winchester to her
friends in the city bring word that
she is enjoying the mild climate of
San Diego, CAL, where the tempera-
ture is averaging about 70 degrees
above zero each day.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-02-04
N. o. SATISFIES HIM.

N. o. SATISFIES HIM.
John Monroe was down from Bald
win Thursday as witness for John
Headlee who was proving up on his
homestead. Monroe proved up few
months ago. He is satisfied with his
experiences in North Dakota and does
not regret leaving Iowa for his pres
ent location,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-02-04
HAS PROSPERE'D.

F7NS PHOSFEHEV.
John Hooper Of Baldwin, one of the
old timers of Burleigh county, was
in the city Thursday as witness in
Official proof. He has prospered since
he made proof some twenty years
ago.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-02-04

A-StatiOns.
B-Min. temperature in last IL hours.
C-Max temperature in last "a hours
D-Velocity of wind.
E+Precipitation in last "a hours.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-02-04

Call up Phone lis for Black Dia-
mond Ignite. Several carloads on
hand.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-02-04
Weather forecast.

For North Dakota - Fair ana
warmer Friday.
For Bismarck and vicinity - Fair
and warmer Friday
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-02-04

GOOD BUSINESS.
%. r. Collins Of Minneapolis, MINI.
arrived in the city last night, from a
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-02-04
HOT CHOCOLATE

with Whipped Cream ~
and Nabisco Waters. EI,/,c1E1
Served In China de .rnl, pE1ss!4 -
Luxe.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1910-04-13
ME|kLE co. TO
GIVE CONCERT IN CITY
This Company Made q Big Hit Here,
and Is Playing Return
Engagement.

The last of the series of enter.
tainments which have been given
under the auspices of the fire de.
partment will be given tonight at City
Opera House, when Robert Meikle
Concert company will present one of
their very enjoyable concerts.
4 This company appeared in Be-
midi early last winter, and they
gave a concert which was the talk
of the town for several weeks. The
singing of Mr.. Meikle, the baritone,
made great hit here, and his work
was pronounced the best ever heard
in Bemidji. -<.
Mr.. Meikle was very ably
assisted by Mr.. Frank Lloyd,
singing comedian; Miss Juanita
Badgley, dramatic reader; and
Miss Nellie Malcolm, pianiste, .
Of the singing Of Mr.. Meikle,
the Winnipeg Free Press says:
t'Mr. Meikle is unquestionably
the best baritone in the West and
we have seldom heard his equal
as an exponent of the martial
songs of Scotland"
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1910-04-13

for her to lead again any day.
Mrs. Leet took a big jump today
by polling 10000 votes which put
her in third place. Mrs. Leet is
forging right ahead and it would be
we'll for the other contestants to
keep their eyes on her.
Miss Ruth Wightman's standing
of 62,167 has remained stationary
for the past week. Miss Wightman,
however, is gathering in the votes
and saying nothing.
Miss Jennie Safer of Bagley
drops to fifth place today, having
polled no more votes since Satur-
day. Miss Safer seems to have
thugs coming her way and with a
little effort she probably could
easily increase her standing
enough to be at the head of the
list.
Miss Maud McCauley springs a
surprise, today, by passing Miss
Gladys Kreatz, who has all along
held the lead in District Al. Miss
McCauley is wearing a confident
smile that seems to hint she has
something up her sleeve that she
is apt to spring at any time.
Miss Olga Paulson increases her
standing today by voting 10000
votes which puts her in second
place in District Al. Miss Paul
sons friends are certainly piling
in the votes and the contestants
in Al hadbetterk eep their eyes on
her.
Miss Ollie Curtis of Blackjack to.
day takes second place in District
B, and the eighth place with the top.
notchers by polling the largest mum.
Der of votes that have been polled
by any contestant at one time
during the contest, $4,000. Miss
Curtis is hustling quietly and say.
ing nothing, but she is certainly
getting the votes as her increase in
standing today shows.
In District A, Sub-District g.
Anna Mae Danaher seems to be
tagging and falling behind the Other
contestants in her district. Mis-.
Anna Mae certainly can get the
votes if she wants to but for the
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1910-04-13

past day or two has not rolled them
in as fast as previously. We hope
however to see her increase her
standing materially in the next day
or two.
Miss Helen Bisiar, in Sub District
A3, has dropped back to third posi-
ton. Miss Bisiar has been negli-
gent in gathering in the votes for
!, the past week or two, but we hope
during double vote week that she
will be able to overcome her apathy.
Mrs. A. Foster, in A, increased
her standing today by polling
10000. This puts her in second
place in her sub.district. Though a
late entrant in the contest, Mrs.
Foster is certainly going some, and
she says she is going to 60 some
more.
Miss Hilma johnson and Miss
Olive Cunningham, from the looks
of their standings, have got tired,
which considering the fact that
they both made brilliant starts
during the first part of the contest,
is lameutable, but we hope that
they will overcome that tired feeling
and get among the leaders in their
district this week. ~
In Sub-District B-5 Miss Blanche
Panchot, Miss Edith Bordsen, Miss
Gladys Hazen and Mrs. J. M. Free.
burg have all been at a standstill
for the past two weeks; and it
seems as though Miss Curties, Miss
Safer and Miss Minnick are going to
have easy sailing in that district.
Miss Hilda Nj. Dullan, in Sub
District "A, is gathering in the
votes as industriously as ever.
Though her standing has not been
increased in the paper any during
the last week, she is nevertheless
gathering in the subscriptions.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1910-04-13

That the St. Anothony's hospital
of Bemidji is one of the most
popular institutions of this city was
amply demonstrated yesterday, when
there was received from the receipts
Of a Tag Day" and Charity ball
nearly 500, the net proceeds of
which will form the nucleus of a
fund with which will be erected an
addition to the hospital, which is
needed, as this city and the country
adjacent to Bemidji is growing
rapidly and the hospital is continu.
ally taxed to its capacity. Il.
Tag Day" proved a winner in
every respect, and the generous
people of Bemidji and vicinity re.
sponded with their usual iberality
and many persons wore more than
one tag, there being paid in great
many instances 81 for a tag. -.
The principal credit for the sue.
cess of the Tag Day" and its
attendant "doings" is due Miss
Elizabeth Refs of Shakopee, Mimi,
who came to Bemidji espec-
tally to superintend the affair.
Through her executive guidance,
everything moved along nicely and
the receipts attested to her efficiency.
The charity ball which was given
at the Armory last night was we'll
attended and enthusiasm was
unbounded during the dance. Prof.
Harry Masters full orchestra furn-
ished the music and made no charge
therefor. g..
Refreshments were served by w.
A. Mcdonald and Charles Nangle
furnished the lemons for the lemon
dance. This proved big hit and
created no end of amusement.
The total receipts of the Tag
Day" work and the charity ball
amounted to $66O.35.
It is stated today that Miss
Elizabeth K. Refs and Miss A.
Mahowald will join in furnishing
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1910-04-13
Hr. sAxel Maurer Here Saturday Night.

Hr. sAxel Maurer Here Saturday Night.
Your birthplace is always dear
to your heart. Hence you see
thousands of people of every
nationality, whose cradle was
rocked on the other side of the
ocean, make trip sooner or later to
the land, where they, saw the first
daylight. But only the most for
ztunate can do that; there are more
thousands who would just enjoy
the trip but for the inability to
meet the expense. They have
got to stay where they are, be.
cause they cannot afford it.
So far as the Norwegians in this
country are concerned this sad
feature Of it has been remedied to
some extent. The Grand Lodge of
the Sons of Norway established a
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1910-04-13
WOLGAST NELSON CONTEST
You Have Been Asking for It.-Now
Here It Is.

At considerable expense and
trouble, the Majestic Theatre has
succeeded in securing the famous
Wolgast-Nelson fight pictures.
These pictures contain training
stunts, ringside scenes and all of
the best parts of the battle.
Manager Woodmansee announces
that ne has the personal guarantee
of the advance representative that
there is nothing whatever in these
pictures that approaches either the
vulgar or Objectionable. They are
just a reproduction of a famous
scientific battle, and could not
possibly offend the most exacting
lady or gentleman, otherwise be
sure they would not be shown at the
Majestic theater.
Owing to the fact that they cost
so much more to secure, more in
fact than five times as much as the
ordinary films, it will be necessary to
raise the price of admission on
Thursday night to rs cents.
Mr.. Woodmansee is to be con.
graduated on his up-to-date methods
and the fact that he has secured
these pictures so soon after the
actual day of occurrence proves con-
clusively that he is up-to.date and
trying to do his best for the patrons
of the popular Majestic theatre.
Come early and avoid the rush.
Special show at Ills p. m. for the
benefit of those who are unable to
come to the regular performance.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1910-04-13
ASKS DAMAGES Of $4,000
Chicago Reporter Charges J. MedilI
Patterson With Plagiarism.


Chicago, April ia charge of pla.
giarism has been directed against 10.
seph Medill Patterson in connection
with the authorship of "The Fourth
Estate" now running at the Stude.
baker theater. His accuser is Eugene
Quirk, reporter employed by the
Chicago Examiner, who filed in the
federal circuit court a damage suit of
$4,000 against the playwright.
Mr.. Patterson, says Mr.. Quirk, used
in his newspaper play material which
he himself had wrought into a novel
called Drifting five years earlier.
Mr.. Quirk adds that Mr.. Patterson
must have been familiar with the con.
tents of the novel, because he himself
had sent the playwright a copy after
it's publication and had received short.
ly afterward letter of acknowledge
ment from Mr.. Patterson.
Mr.. Patterson, on the contrary, de.
MES that he ever read the novel in
question, or that he ever told Quirk
he had done so.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1910-04-13
The Top NotCherS Today

Anxiety on the part of contest.
ants and excitement for their friends
and the public generally. Two
more weeks will tell the tale so that
little ruf1ing of the pool is not to
be wondered at. In two weeks from
tonight the winner of the Pioneer,
Model 10, Buick will be announced
and its owner will 60 honking away
and the other prizes will be ready for
distribution to the premier vote
getters. How does it seem to you?
Have you high hopes for prize?
Are you putting in the last few days
so they will count, or are you resting
in idle contentment? Which is it?
The names with the tallies of the
leaders published this evening form
a group of the live ones. Their
friends think so anyway, as the
scores show.
Is your name among these? You
want to see it there so as to show
your supporters that their time has
not been wasted.
Do You Realize?
Do you realize that after today
there are just fourteen days left of
the contest? The prizes that have
seemed so long to youlike an efferves-
cent dreams are now commencing to
become realities and as each day
goes by you realize it, and at the
close of the contest, if you do not
win one of them you have but to
curse your own impotency, for Will
ing away your moments during dou-
BILE vote week.
The Live Ones.
Miss Bertha Benson, who takes
the lead today with 83,887 votes by
polling 5000 votes, is showing her
friends that she is there and can
deliver the goods. Miss Benson
has a host of friends throughout the
whole of Beltrami county who are
loyalty coming to her aid in this
battle of votes.
Miss Besse Cochran, who occupies
second place today, says she isn't
going to stay there long; and Miss
Cochran has bad habit of making
good what she says, so we may look
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1910-04-13

for the city of Bemidji. Mr.. Smyth
will take the census for Wards No.
l and 3, and Mr.. Brown will oficiate
in Wards No. 2 and 4.
They will begin operations by
starting at the northwest corner Of
each block and working to the right,
according to instructions from the
supervisor of census.
Again, let every Bemidjian be on
the alert and see that the names of
legitimate residents of the city are
placed on the enumerators' lists.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1910-04-13
Census Enumeration Begins Friday.

Census Enumeration Begins Friday.
The census enumerators who will
take the names of Bemidji's 1000
citizens, more or less, will begin
their strenuous labors bright and
early Friday morning-and every
citizen of Bemidji is expected to dis.
play his or her loyalty by seeing to
it that the name of everybody of
whom they have any knowledge of
living in Bemidji has the name
written down by the enumerator.
D. C. Smyth and John L. Brown
have been appointed enumerators
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1910-04-13
To The Good People of Bemidji

10 The Good People OF Bemldjl.
Tag-Day was a great success.
$660.35 was collected.
We, the undersigned, beg to thank
the good people of Bemidji and
surrounding towns for their generos-
ity and kindness in making this
day such financial success. We
also thank all the lady workers
and their helpers for all their help
and kindness, and beg to extend our
heartiest thanks.
To Professor Masten and his
orchestra and to Captain Otto for
the use of the armory; Messrs.
Murphy & Bisiar for the use Of
piano; Warfeld Bros. for electric
lights furnished and the young men
for the hall decorations. We thank
each and every one who so cour-
teously helped on Tag Day.
: May God bless and reward you all
is the prayer of the
Sisters of St. Benedict.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1910-04-13
Result Of an Old Feud.

Pawhuska, Okla, April 13.Daniel
w. Parker was shot and mortally
wounded by G. M. Fraley, merchant
OF Hominy, Okla. Fraley is in Jail,
raving mad. The shooting was the re-
suit of an old feud in which five men
have been shot and two men killed.