davidaulloa/AmericanStories huggingface dataset:
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-12-07
'M'LEAN VS.. NEWS
CASE Reversed
SUPREME COURT GRANTS A NEW
TRIAL TO FRED w. M'LEAN, WHO
HAS SUED NEWS PUBLISHING
CO. FOR DAMAGES BECAUSE OF
BROKEN CONTRACT.

The case of Fred w. Mclean VS.. The
News Publishing Co, which was tried
in district court before Judge Pollock,
has been reversed and new trial
granted the plaintiff Following is the
syllabus in the case:
Fred w. Mclean, appellant, VS.. The
News Publishing Co, corporation,
respondent
/. Plaintiff entered into the en-
ployment of defendant under q con-
tract whereby in consideration of a
salary of $1,000 per year and one half
of the net profits of the business plain
tiff was to assume the management of
defendants business in Fargo, which
consisted in the printing, publishing
and circulating of the newspapers pub
lished by defendant. Such contract
was to continue for six years. At the
time of entering into such contract
plaintiff was resident of Langdon,
this state engaged in the general prac-
\ tice of law, his business netting him
\ $4,000 per year. Immediately upon en-
I tering into the contract plaintiff aban-
| doned his law business at Langdon
and moved his family to the city of
Fargo, where his duties under the con-
tract were to be performed. Thereupon
he entered upon the discharge of his
duties under the contract and faithfully
| performed the same for the period of
nearly three months, at which time 1T
Is alleged that defendant wrongfully
and without cause discharged the
| plaintiff.
In an action to recover damages for
such wrongful discharge plaintiff Of
fered to prove his reasonable expenses
I'm moving from Langdon to Fargo and
also what his services were worth, and
as circumstance tending to prove the
latter fact he offered to show his earn
ing capacity at Langdon at the time
ne entered into the contract, which
offer was rejected. Held, error, for
reasons stated in the opinion.
In view of the fact that a portion
OF plaintiffs Compensation under the
contract was to be a share of the net
profits and such prospective profits
being too uncertain and conjectural to
be conceptible of approximate meas
urement the only proper rule for
measuring plaintiffs damage to be an
piled is that he may recover the
amount which he has been induced to
expend on the faith of the contract.
Including fair allowance for his own
time and services.
2. 1t does not lie in the mouth of
the party who has voluntarily and
wrongfully put an end to a contract
OF employment. to say that the party
injured has not been damaged at least
to the amount of what he has been
induced fairly and in good faith to |
lay out and expend, including his own |
services. He is estopped from deny
Ing that the injured party has been |
damaged to the extent of his actual |
loss and outlay fairly incurred.
(Syllabus by the court.)
Appeal from district court, Cass |
county; Pollock, ].
Action by Fred w. Mclean against
The News Publishing Co.
From an order denying PLAINTIFFS
motion for new trial he appeals.
Reversed.
Nj. A. Hildreth. for appellant.
No appearance for respondent
Opinion Of the court by Fisk. j.. all
concurring.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-12-07


working system all of the park area,
now owned by the federal government
The attention of the states win be di
lected to the Importance OF devotion
Ing and maintaining state parks. q;
recreation centers for the people OF tn,
several commonwealth A few OF tn,
states. notably New York, wisconsin
California and Michigan, have under.
taken definite effort in this direction
All Of the states will be urged to dc
likewise.
The sessions Of an entire day vii
De devoted to city planning. with ar
De devoted to city planning. with adj
dresses and discussions designed tc
afford first aid'' to those cities seek
ing to adopt orderly and comprehen-
sive methods for their physical mn
building, Clinton Rogers Woody1,ff
secretary Of the National Municinal
league. Of Philadelphia. will speak on
the subject What Is Your City IDEAL
Frederick Law Olmsted. of Brookline
Mass, viii tell of the A. b. C. Of CITY
Planning; John Nolen, of Cambridge
Mass, will discuss Comprehensive
Planning for Small Towns and vn-
lagos; Arnold j. Drummer, of New
YORK, Some Serious Problems in rit,,
framing; Geo. B. Dealey of the Dallas
News, will tell the story of How Dali
las Got into Action for City Plan. and
Harold j. Rowland of the q Outlook
New York, viii explain ways for cet1
ting OUT the Vote for City Plan. Hon
franklin MacVeagh, secretary Of the
treasury, who had large part in SCI
curing the Chicago plan, win preside
at one Of the City Planning sessions
Wen known women win address SEES
slons devoted to the work of civic 81.
cieties, including Mrs. Caroline Bart-
lett Crane, of Kalamazoo. Mich
recognized authority on the care os
streets, Miss iona Gale. of wisconsir
who will read an original story a.
titled, Friendship Village Improvement
Sodality; Miss Louise Kleine Miller
curator OF school gardens, Of CIeva.
land, on Schools as Radiatine centar.
for Civic Improvement; and Mrs I'd
ward W Biddle, president Of the Fed
Of pennsylvania Women who
VIII speak for the Generation Fedora
sAVa " WVIHen CLUBS.
The Friday afternoon session win ~
given over to the subject Of The ~
phoid Fly, against which the Anaricsn
Civic association conducted viporr,,s
crusade this year, under the diract,sn
Of Edward r.. Hatch, jr.. of New VA
chairman Of its Fly Fighting commls
tee Among the distinguished SPEAK.
ers will be DIR. Woods Hutchinson ~
New York, and DR. Il, o. Howard. ch,pr
q the bureau OF entomology. OF the
OF agriculture. At this
session there will be displavad H.,
explained the wonderful motion AZ.
lures OF the association, descriptive n
ne life history and habits OF the 40
which have been used with such IL
ng effect in thousands Of the motion
picture theatres. The bin board ia
smoke nuisances will also be nade
subjects Of special sessions AMI c,n-
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-12-07
GOT THREE FINE ELK
Valley City Hunters Return from
Highly Successful Hunting
Expedition.

Valley City Patriot: Three fine elk
and a deer are the trophies OF the hunt
brought back Sunday morning bv
Messrs. Winterer, Look and Clark. who
nave spent the past three weeks some
eighty miles south OF Bozeman. Mont,
All day Sunday and Monday con-
slant string of visitors have been 90
ing to the basement Of the new wes-
ton building On Fifth avenue. where
the carcases OF the animals are stored
Harvey Lock is reported to have said
that they cost them $500 each. Harvey
will have to explain. as some are led
to think they bought them from the
Indians or some zoo, or maybe that
was what 1t cost to shoot them o,it
OF season, There is no doubt about
their being shot. We saw the hole
where the bullet went in.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-12-07
WOULD CONTRACT
The ROAD WORK

New Rockford, N D., Dec. 6.
TO The Forum: The Devils Lake
Inter- Ocean quoted lately few re-
marks made bv Gen. II. M. CreeI of
Devils Lake on the good roads cues
ton, calling attention to the manner
in which the road work over the state
Is generally conducted. 1t appears
that the General "hit the spike on the
head with a sledge hammer. Too
often we do the road work when we
have nothing else to do lust l,ee u-o
we must work our road tax and have
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-12-07
TO BEAUTIFY U. S. CITIES

Continued From Page one.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-12-07

Wilton News: L. w. Farwell. the
grandfather of Mrs. P X. Eastman
and Mrs. A. V. Marcellus. celebrated
his S7th birthday Monday. He is still
very active and possesses all his facul-
ties in spite of his years. Mrs. Farwcil
viii be 81 on Dec. 20, but q abso-
lutely helpless. having suffered a
stroke OF paralysis about three years
ago and has been confined to her bed
ever since. Mr.. and Mrs. Farwell will
have been married sixty-four years
next May.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-12-07

See the Ocean Log Book
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-12-07
cANAHlE:.s..
For sale. the very peaE. Ben Hart

Young mems table; presents for her.
Large assortment, appropriate articles
for relatives and friends. Dainty gifts
for baby. Home made candy Chicken
pie supper s5 cents. First Congrega-
tional church, Dec. 10. afternoon and
Ieyening.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-12-07
PUBLIC DANCE
Married Ga Years.

BY Co. b in X. G. hall. Wednesday
evening, Dec. Z. Everybody invited
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-12-07
Chop sousy, At hathskelIsr. Moorhead
TRANSPOR CREATION WEST

For sale cheap, transportation from
Fargo west. Enquire at 16. Ninth
street south.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-12-07
cuTlERY.

Anything you want IN tpat line? I
keep only the very best. Ben Hart
Remember. the Rest.
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1910-06-03
RATES GIVEN
CARNIVAL
). =. Co. Announces q Fare Of
One and One Third
for Round Trip

Word was received today by the
Carnival transportation committee
from the Southern Pacific Co. stat
ing that rate oN one and onethird
lar ior the round trip had been given
Tor those who desire to attend the
tranival III this city ON the Sd, 4th
and 5th ol July. This rate applies
To- all points on the line oi the ). t.
III the State ot Nevada,
The tickets will be on sale ON July
1T aud will expire on the 9TH ct that
month, making them good lor seven
days.
1t is now ,probablc that rtc, ON
other roads will be fixed Immediate
ly 4, they have been awaiting the
action ui the :. i. III thi~ matter.
The rate is good one and will
.eau the bringing ut many people To
this city to attend the celebration
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1910-06-03
Closing Up
Banks Affairs

FALLON June Ex-senator X. l..
Douglas, went to Fairvicw yesterday
to close up the affair, "i the Douglass,
and JarvaiS bank. The bank went in
to- voluntary liquidation paying the
depositor, dollar Tor dollar \ lack
ui business III the camp prccmdcd
the necessity "i continuing the bank
The furniture and fixtures were lclt
intact with the hope that the business
81 the camp would revive sufficiently
10 justify the rcnpcning OF the bank.
Drafts il lull oi their acC,Wut~ wct4
mailed t. Ill the dcpu,itnr~ ui the
bank Douglass. and Jarvai- viii con-
tlnue their mercantile business in l'al
Ion. ua
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1910-06-03
AL OF
II. H. HOWE
Held in This City Today and Was
Largely Attended by
Old Friends

/ his morning scores OF friends
gathered ut the Presbyterian Church
I'm This city to pay their last tribute
to the memory OF IT. n. Howe, one
,: the eldest and best known educa
t"r~ IN the State Of Nevada.
hr iuu>rai was conducted by Rev.
H. H. Me-, rrrry and The music by
the l',r-Dytcri;,n choir, Prof. Howe
N.- ii menbor ui the Presbyterian
uo:rh &Hrjn2 his residence in this
city .ud took a great interest III the
-.u1>h and its congregation.
President J. G, Stubbs OF the Uni-
>~r-it> Of Nevada delivered the eulo-
Nv which WAS the finest heard in this
city in many years. The speaker paid
Hu ylnqurnt tribute to the educa-
rinnal work Of the deceased. calling
attention +" the fact that for over
forty years he had devoted his en-
tire time to the education Of the youth
of the state of Nevada making him the
oldest teacher in the stale in point
"i actual service
REV. Ncar>. whose church Prof
Howe attended in Reno spoke few
words expressing his sorrow and that
.i the CONGREGATION in the loss Of one
~hum all respected and appreciated
i"r his sterling worth and his integ
rity as a man.
Members "f the faculty Of the Uni
versity and the Reno schools arrived
80 rhr train this morning and attend
ID the services \ long line Of car
riaoc~ followed the remains to their
Last resting place in Lone Mountain
cemetery. The following old friends
# tn. deceased acted a pail bearers:
& h"rlo~ Stewart, August Cults, James
Fa-tou Frank Collins George Ney
r.. and William Anderson.
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1910-06-03
Carnival COmmitte Held
Busy Session Last Night

The Carnival Committee met N
hcadquartcrs OF the committee and i
great deal OF business was transact
ed. The chairman OF the Enancc
committee reported that nearly $500
had been subscribed and several other
large sum, promised that will easily
bring the total To- the $1,000 mark.
The amusement committee was in
otructcd To- 60 ahead with the AZ
rangcmcnt> ior the erection OF the
dancing pavilion and have ii complete
cd AT lca>, L week prior to the open
ing "i the carnival
The publicity committee had lis
work outlined ior it will get a. busy
Is possible Immediately. 1t i, the
intention "i The c"mmitlcc to advcr-
,i~c the carnival in all parts III tht'
state and let all konw who read what
sort oi celebration is To be pulled
off in this city the early part OF July.
Letters relative to rates to be CIV
On To- those VIII" wish To- attend the
rranival have been received and the
matter is now up to u decision by
the Southern Pacific 4, regards their
rates and the time limit ON the tick
cts.
y number "i applications for CON
ccssions have been received by Chair
man Frank Rcgan OF the concession
committee and some have already
been let. Those desiring the best
l"cati"ne had better apply AT once
ii they desire /" get III on the ground
floor
arrangement, i"r the lighting and
the decoration oi the streets al The
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1910-06-03
Are You Going
to That Dance?

Preparations have been completed
tor the dance at Armory Hall on
.lu- evening thu Will be given
lor the benefit OF the baseball team
Ihe young ladies who are managing
The affair have al the details 0omplct-
ed and insure all who attend per
tectly lovely time. They invaded :ite
Appeal office this afternoon and asked
that the request be made that the
gentlemen attending leave their white
collars at home and that they como
t" the dance prepared to enjoy them
selves to the fullest, The young la
dlc~ will see to the enjoyment end
Get ticket anyway. The boys need
the money and you can go, for there
Will sure be things dom on this
evening at the Armorv Hail from 9
o'clock on
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1910-06-03
BARTLETT WILL NOT BE A
CANDIDATE FOR ANY OFFICE
Wires Judge J. G, Sweeney That He Will
Retire From Politics at End
of Present Term

Today Judge James G.. Sweeney re
ccived the following telegram from
Congressman George A. Bartlett
which di,pello all the report, circu
lated OF late that the congressman
would oppose ID. 5. Dickcrson lor
governor at the coming fall election.
Mr. Bartlett will not be 4 candidate
frr governor nor ior any other office
in the gilt OF the people OF the
state but will retire from politics at
the end of his present term as Con
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1910-06-03
Farce Will be
Presented

The Leisure Hour Club have dccid-
ed to present their thrcc-acte farce
comedy entitled Facing the Au,ic''
at the Opera House on the evening OF
Thursday and Friday, June 9th and
leth. The members oi the club have
been working steadily on this play
for several weeks past and have some
thing to present to the people which
will be greatly enjoyed. The money
derived from the play will go to the
club building lund and they should
receive the fullest support possible
Announcement OF the lull program
will be made in few days.
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1910-06-03
PRIMARY DECISION

1t is probable that the Supreme
Court will hand down its decision
in the Primary Law either tonight or
tomorrow morning.
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1910-06-03
LOST

\ key rng and four key.. Finder
please return to this office.
ParkIay's, saloon naNt to the de
pot, for good drinks.
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1910-06-03
Entire Change
at Park Tonight

Tonight the Park I.hcutrr prrsru!~
al entire change OF pr"granl The
pictures will be 4, follows: Flights
OF Mons Nalettc, New Lie. \ Blank
Check and several others.
Joe Patton will entertain with new
songs and a new vaudeville stunt Will
be presented by the same gentleman
and Hayes.
The Park is putting up good show
and is deserving OF good patronage.
Tomorrow afternoon the regular
matinee will be given. Prices viii
be and 10 cents to all. An excel
lent program will be given for the
benefit of the ladies and children.
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1910-06-03
TALBOT RETURNS

Supreme Justice Talbot wa, an ar
rival from California, thi, morning
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1910-06-03
lust RECEIVED

JUST RECEIVED
New wall paper.
New Linoleum.
New oil cloth.
New Carpets.
At i. w. DAYS.
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1910-06-03
JUST RECEIVED

JUST RECEIVED
New wall PAPER.
New Linoleum.
New oil cloth,
New Carpets.
At +. w. DAYS.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1910-04-06
CURING CATARRH
Accept Our Advice and Try this Rem.
edy at Our Risk.

Catarrh is a disease of the mu-
cous membrane. The mucous men,
brane is, one may say, the interior
lining of the body. Catarrh there
fore may exist in any part of the
system.
When the catarrhal poison at
tacks the mucous membrane, in
famation and congestion are pro-
duced and nature fails to throw
off the accumulated poisons. The
organ which has been afflicted
ceases to perform its proper function
as nature intended it should. The
result is, complication upon com.
plication, which may lead to other
even more serious Affections.
We honestly believe Rexall Mucu-
Tone will do wonders forward over
coming catarrh. 1t is made from
the prescription of an eminent ply
stefan who made long study of
catarrh, and his great success with
this remedy was an enviable one.
We want you if you are sufferer
from catarrh in any form, to give
Rexan Mucu-Tone thorough trial.
Use it with regularity and persist
ency for a reasonable time, then if
you are not satisfied, come back
and tell US, and without question or
formality we will hand back to you
every cent you paid US. This is
certainly the fairest offer that any
one could make and should attest
our sincerity of purpose. It comes
in two sizes, prices so cents and
$1.00. Remember you can obtain
it only at our store, The Rexall
Store. Barker's Drug Store.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1910-04-06
LOCAL HAPPENINGS

Money to loan on good security.
200 4th street.
Aetna accident policies are the
best and are written by C. ]. Pryor.
Sewing machines to rent at III
Third street. Risiar & Murphy.
Phone 1892.
Henry HALEY returned to his
home at Kelliher, after spending a
few days with friends in this city.
G. w. Thompson of Blackjack
township spent Tuesday in Bemidji.
Mr.. Thompson is a we'll known
farmer and owns one of the largest
farms near Blackjack.
$500 sends Singer Sewing
Machine to your home. Bisiar &
Murphy, III Third street. Phone
1892.
S. O. Berg of Blackjack, who is
one of the early settlers of that
country, was in Bemidji visiting
Tuesday. Mr.. Berg owned and
operated his farm for the past four
teen years, which is situated on the
west shore of Blackjack lake. He
returned to his home last evening.
$500 a month sends a Kimball
organ to your home. Bisiar &
Murphy, III Third street. Phone
1892.
The Modern Brotherhood of
America will celebrate the thirteenth
anniversary of the founding of the
order on Thursday evening, April
IA. Plans are under way for a
grand social time. The local organ
ization is strong in this city and it
is expected that the event will be
largely attended.
Fire insurance written in reliable
companies. c. J. Pryor.
E. L. Westerson, whose home is
in Minneapolis and who is the
travelling right-of-way agent for the
500, is in the city interviewing with
George Huss regarding the con-
struction of the 500 railroad in Be-
midi. 1t is thought that his visit
here means early action for the 500
railroad in work for the right-of-way
in the city. He will probably return
to Minneapolis tonight.
Sewing machines to rent at III
Third street. Bisiar & Murphy.
Phone 1892.
Nils Otterstad, the supervisor of
assessments for Beltrami county
was in the city yesterday from his
home at Turtle River and met with
the county board. MI. Otterstad
states that he has received a letter
from the Minnesota State Tax CON-
mission requesting him to meet with
the other supervisors from other
counties and the commission at St.
Paul April 18th; and that he intends
going down to the capital and
attending the meeting.
$500 sends Singer Sewing
Machine to your home. Bisiar &
Murphy, III Third Street. Phone
1892.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1910-04-06
enue and west side Of Beltrami avenue

| ~ 80
avenue and west side Of Beltrami avenue.
Ruth Wightman. 48I67.
Bessie Cochran. 1896
Anna Mae Danaher. .851o.
Mrs. Leet 1862
Mamie Malone. .29o5
Mrs. A. Benner. .2425
Nell Shannon, 73o.
Sub District No. 3.
comprises all the territory west OF Irwin
avenue, extending across Great Northern
tracks and inclusive OF that territory, and
the east SIDE OF Irwin avenue
Ruth Wilcox. 1Oo25
MRS. joe hughes. Too.
Myrtle Methven, 700
Helen blsiar, GIG
Ilazei Hulett. 500
Ada Meyers, $50.
Mae Kane, $50
Sub-District No. 4.
Comprises all the territory south of
Fourth street and east of Irwin avenue.
including the south side of Fourth street,
the east SIDE OF IRWIN avenue and the
Village OF Nymore
Hllda M. Dullan, TOPS
Nina Hazen, 1882
Hlima johnson 5116
ohve cunningham, 2lS6
Vada McIaegart, .2o45
MRS. "A. roster, 7o2