davidaulloa/AmericanStories huggingface dataset:
The Fargo forum and daily republican., 1910-04-13
Decisions Of N. D. Supreme Court

In the supreme court, state OF North
Dakota, October term 1909
Il Andrew r. Forszen, plaintiff and re-
spondent. VS. Warren w. Hurd, de-
Ifendent and appellant.
4. In order to hold a part. liable for
loss occasioned by prairie FIRE which
fis is undisputed he did not set or
lnegligently permit to escape from his
tcontrol, it must appear that the par
ties who originated an, tended the
fire were in so doing lting under his
express or immediate direction: or that
they were at such time in mis- employ
and required OF directed by him to do
certain work the due performance of
which in the ordinary course involved
1.-THE setting of fire to the prairie grass
| 2. In reviewing the action of a trial
court In denying motion made by
defendant at the close Of the whole
Testimony for a directed verdict, If it
appears that the question of the suffi-
Cheney of the evidence introduced to
support verdict is in come doubt and
! that the jury found and rendered
verdict in plaintiffs favor, and ruling
of a trial court submitting the question
of fact to the jury will not be dis
turbed.
g. A charge to the jury which con-
tains no exposition whichever Of the
elemental principles upor which de-
pends the liability of a party, and
makes the law of the case entirely
dependent upon inferences from the
testimony or receivable from the de-
gree Of credibility to be given the diff
ferent witnesses, is misleading and in
sufficient.
4. An instruction that a defendant
may be held liable for damages oc-
cassioned by a prairie fire If the Jury
finds the fact to be that the men who
set and tended the fire ere working
for the defendant "at that time in the
course Of their usual employment on
the. farm and doing his work the
same as your men do when you are
gone" contains misdirection as to |
the law as it correctly assumes that
the ordinary and usual work of a |
farm permits Or requires the setting of |
IRE to the prairie gracs under condi- |
tons that render ruch act extremely
hazardous
5. The giving of oral instructions to
a jury is authorized only in an ex-
ceptional case in which the parties de-
llberately and voluntarily assent
thereto and should be given after such
Is obtained and entered on the
minutes at such time and in such man
ner as will not operate to be prejudice
of the rights of either party
(Syllabus by the court)
Appeal from district court, Wells
county. Burke, j.
Action by Andrew p. Forszen against
Warren w. Hurd for damage occa-
stoned by a prairie fire. Plaintiff had
Judgment and defendant appeals.
The Fargo forum and daily republican., 1910-04-13
Civic Improvements

The following from The Billings Ga.
zette is of interest to Fargoans:
We judge man by the way he dress
es, and we estimate the worth of a. towr
by the character of the public inn
provements
A city with nicely paved and well
kept streets, excellently lighted high
ways, parked residence districts, sew
ers, wire underground in the business
section, sidewalks reaching into all
portions of the town., drinking foun-
tair5 at regular intervals, and the like,
makes a favorable l. preston on a Wis
itor. Here" he exclaims, "is a town
really worth while" And straightway
he goes home and talks and brags
about the place he has seen, raving
about the improvements made and the
manner in which improvements have
enhanced the value of property, to
many times the worth of the actual
cost. 1t is high sounding, and makes
his fellow townsmen envious
When eproposition is made to pave
his town. narrow up and park his
streets. set out fountains, and add
splendid lighting system, the booster
Immediately sets up howl about the
cost. The proposed tax amounts to
confiscation, he says--it will ruin him.
He forgets all about the other town,
and the fact that it was just such i'm
provement that added to the value of
the property. and made 1t what it is.
1t Is not so many years ago that the
people Of Denver were at swords points
as to the character of the public i'm
provements that should be carried on
They were agreed that something ought
to be done, but they nearly talked
to death in disagreeing over
what should be done
Finally they elected a mayor who had
q backbone of steel. IF we adopt what
al admit Is the worst form of improve
ment. 1T will be better than nothing"
ne argued. And forthwith he proceed
I'd to do something. This mayor did
not care what people thought or said.
He knew he would make enemies and
ots of them. But he rnove6-and he
paved hundreds of miles of streets.
parked the sidewalks, erected viaducts
over railway crossings, extended the
area of the city, until 1t embraced
nearly six times the number of square
miles that it did when he assumed the
reins of government 1t cost money
lots of 1t. Hundreds Of thousands of
dollars was spent in the effort to beau
tify the town. When he started this
vigorous campaign, Denver real estate
was drug on the market, and some OF
The Fargo forum and daily republican., 1910-04-13

Judgment reversed and new trial or.
dered.
/ T. f. McCue for appellant r q
Mcfarland for respondent.
Opinion of the court by Ellsworth I
all concurring
Hattie M. viets. plaintiff and appel-
liant. VS.. L. Silver and Max BrodIxy.
defendants respondents.
l. In determining his rights with
reference to the place OF trial of a
civil actien, in accordance with the
provisions of chapter OF the code OF
eivile procedure, defendant is mot
required to examine critically and with
technical exactness the complaint: hut
may assume that the character az fire
action is such as it purports upon the
face of the complaint to be and
plaintiff who has deliberately chosen
'the form and substance of mis- pleading
cannot be heard to claim that the
character of the action through de-
nciency in certain material allegations
Is other than on the face of the com
plant 1t appears to be.
2. An action in which the Complaint
upon Its face states a cause of action
for the foreclosure of a mortgage
against real property must, on proper
and timely demand of the defendant
be tried in the county in which t:1e
real property is situated; and a. mo-
ton to change the place of trial TO
such court will be sustained regard.
less Of the fact that a critical exam
ination Of the complaint NAV reveal
tnat IT does not contain allegations
sufficient to state a cause of action
Tor the foreclosure Of a mortgage and
merely such as will constitute
cause of action for the recovery Of
money only.
g. As motion for Change of place
of trial must, from it's nature, be de-
termined before a trial and often he
fore issue in the action, a district
court in acting upon such motion
may assume that the character of the
action is such as the complaint pur-
ports to state and refuse to examine
the same as it would upon the trial of
issue presented by a general demurrer
to the complaint for the purpose Of
determining by exact character of the
cause of action stated
(Syllabus of court.)
Appeal from district court, Rich
land county Pollock, special ]. Ac-
ton by Hattie NJ Viets against T
silver and Max Brodky. Defendants
appeared and moved to change place
OF trial from Richland county in the
4th judicial district to Logan county
In the 9TH judicial district. From an
order Of the district court changing
the place of trial, plaintiff appeals.
Order affirmed.
Purcell & Divet, for appellant. No
appearance for respondent. Appear-
ance of the court by Ellsworth. J..
all concurring.
The Fargo forum and daily republican., 1910-04-13
THEY INJURE CHILDREN
Ordinary Catharties and Pills and
Harsh Physic Cause Distressing
Complaints.

You cannot be over-careful in the
selection of medicine for children. Only
the very gentlest bowel medicine
should be given, except in emergency
cases Ordinary pills, cathartics and
purgatives are apt to do more harm.
than good They cause gripping, nau-
sea and other distressing after-effects
that are frequently health DESTROYING
and life-lasting annoyance.
! We personally recommend and guar.
antee Rexall Orderlies as the safest
and most dependable remedy for con-
stipation and associate bowel disorders.
We have such absolute faith In the
virtues of this remedy that we will sell
lt on our guarantee of money back in
every instance where Ii fails to give
entire satisfaction. and we urge ali In
need Of such medicine to try it at our
risk
Rexall Orderlies contain an entirely
new ingredient which is odorless.
tasteless and colorless. AS an active
agent 1t embraces the valuable ouali-
ties of the best known intestinal reeu-
lator tonics
Rexall Orderlies are eaten like CANDY.
They are particularly prompt and
agreeable in action, may be taken At
any time. day or night; do not cause
diarrhoea. nausea, gripping, excessive
looseness or other undesirable effects
They have very natural action upon
the glands and organs with which
they come in contact, act as a. positive
and regulative tonic upon the relaxed
muscular coat of the bowel and it's
dry mucous lining; remove irritation.
overcome weakness. tone and strength
en- the nerves and muscles, and restore
the bowels and associate organs to
more vigorous and healthy activity.
Rexall Orderlies completely relieve
constipation except when OF q surgical
character. They also tend to overcome
the necessity of constantly taking
laxatives to keep the bowels In normal |
condition.
There is really no medicine for this
purpose 30 good as RexalI Orderiies,
especially for children, aged and deN- /
cate persons. They are prepared In |
tablet form. in two sizes of packages.
l12 tablets 10 cents. and SO tablets 2S |
cents Remember you can obtain Rex.
all Remedies In Fargo only at our
stores. The Rexall Stores. rhe wal /
dorf Pharmacy. Fargo Drug Co, Eco
nomy Drug Co
The Fargo forum and daily republican., 1910-04-13

through line of railroad, Geographical
ly, its position on the map is bad. But
these things are done in spite of that.
Billings has every advantage to start
with that Denver has won by long years
of fighting. 1t has more with popu-
lation of $4,000 than Denver had with
$4,000. II 10 located at the railway
crossroads OF the state-it is the
natural trade and jobbing center.
1t has everything essential to a big
town-except the improvements that
mark the advance of a big city.
The history Of Denver may be re-
peated in Billings.
The Fargo forum and daily republican., 1910-04-13
STONED woRkMEN, is CHARGE.
Union Members Are Accused of AS
sailing Nor. union Miners.

Terry S. D., April 1S.-Charged with
attempting to injure non-union en-
ployes of the Golden Reward Co. by
the use Of sling shots, Peter Roncag-
lone and Nike Parmento, two italian
union men here, were arrested and
will be given a hearing superintend-
ent Schnitzel of the mining company,
accuses the men of hurling stones with
the sling shots at passing non-union
men whose heads showed as they
walked through a cut.
The Fargo forum and daily republican., 1910-04-13
TO INITIATE HUNDRED
Large Class of Candidates to be In
stitutsd Into Order of
Forestsrs.

A class Of 100 candidates will be
initiated into the Independent Order
of Foresters on Thursday night April
IA, at Prizes hall. This class was Sc
cured by Deputy Supreme Chief Rang
er c. L. Riley, who is now a resident
Of Fargo. All members of Court Fargo
as well as all strangers In the city
are cordially invited to be present.
High Chief Ranger DR.. r. N. Bur-
rows and p. H. C. r. III. z. Payne. as
sisted by high court and sub court
officers will instruct this class in the
mysteries OF the order.
Refreshments win be served and 4
general good time is assured to all.
The Fargo forum and daily republican., 1910-04-13

Ray. N. d., April 13.-Henry David
son, brakeman employed on the
Great Northern, between Minot and
Williston, had an arm cut off while
attempting to make a coupling.
The Fargo forum and daily republican., 1910-04-13
The 4. q. u. w.
Of North Dakota

Is the Only Fratenal
that incorporated under the laws of North Dakota
ton and inspection Insurance
of the State
IS the Only society which issues Limited Payment Certificate
come padup ~ 10 O years. option values
Or insurance after three years continuous membership
Only like
serve for each member either the level plans
greater
which are $4,000 of Fargos paving
the Only Fraenal Beneficial society seminnua
valuation of liabilities
81, 1909 ~ = ' 4Oei
The Fargo forum and daily republican., 1910-04-13

AntIer, N. d., April 13.-Rev. w 8
Shells, Of the Presbyterian church.
who has accepted a call from Hanock,
Nina, preached his farewell sermon
here Sunday evening
The Fargo forum and daily republican., 1910-04-13

Jack Field, successor TO z. j. Har-
rlngton, Plumbing, Steam and Hot
Water Heating, Gas Fitting and Elec-
trio Wiring. 201 Fifth street north
Tel. lat.
The Fargo forum and daily republican., 1910-04-13

opened.
The plans for a new high school
building to cost about $4,000 at Thief
River Fails, MINI, are also on display.
The bids will close on Saturday of this
week.
The plans for heating a schooIhouse
at Bordulac are also on exhibition and
they will be opened April 25.
The Fargo forum and daily republican., 1910-04-13

Money to loan on watches. dia-
monds, furs; 81 to $1,000; low, interest.
Matt Siegel, 424 Front street.
The Fargo forum and daily republican., 1910-04-13
Sacrifice shoe Sale.

American Boy Shoes, all sizes. worth
81. 90 and 80. so for $3.50 Thursday.
A. L. Moody
The Fargo forum and daily republican., 1910-04-13

A Forum want Add win sell it for YOU
The Fargo forum and daily republican., 1910-04-13

Forum Want Add WIN sen IT for you.
The Fargo forum and daily republican., 1910-04-13

Judgment reversed and new trial or
dered.
7. f. McCue for appellant, r. g.
Mcfarland for respondent.
Opinion Of the court by Ellsworth. J..
all concurring.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-09-09
NO MORE BURIALs AT sEAq
New Jersey Undertakes Say 1t Is a
Barbarous Practice.

Asbury Park, N. J., Sept 9.-There
will be no more burials at sea from big
passenger steamers if the New Jersey
undertakes can bring about reform in
what they designate as "a practice too
barbarous for this twentieth century. -
The State Association of Embalmers
has appointed committee to urge the
balmers be stationed on each steam
ship, SO that in case of death at sea,
the body may be cared for scien-
tifically.
The International Congress of Gre
nation, now in session in Brussels. re-
Gently adopted resolutions urging the
installation of crematory on every
ocean liner and recommending that the
bodies of all persons dying at sea be
disposed of in this manner. the ashes
to be brought to land and delivered tc
the relatives of the deceased.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-09-09
DAhDRUFF AND ITCHING
SCALP YIELD TO
THIS TREATMENT

Why experiment trying to drive the
dandruf germ from underneath the
skin with greasy lotions or fancy hair
dressing when Rosser drug store, 5z3
Kansas avenue, will guarantee ZEMO
and ZEMO SOAP to entirely rid the
scalp of the germ life that causes the
trouble.
ZEMO and ZEMO SOAP can be OBJ
tanned in any city or town in America
and are recognized the best and most
economical treatment for all affections
of the skin or scalp whether on infant
or grown person. One shampoo with
ZEMO SOAP and application of ZEMO
will stop itching and cleanse the scalp
Of dandruff and scurf.
We, invite you to try ZEMO and
ZEMO SOAP and If not entirely salts
fed we will refund your. money.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-09-09
USE RATTLEsNAKE VENOM.
New York Physicians Say 1t VIII Cure
Epilepsy.

New York. Sept. 9.-The use of rat
tlesnake venom as a cure for epilepsy
is being tested by New York and Phil
adelphia surgeons. Preliminary reports
show that the venom has resulted in
marked benefit to all of the patients
SO far treated. Epilepsy is classed
among the incurable diseases and re-
quires the most persistent treatment to
ameliorate the condition of those af-
fiicted.
A preliminary report of the results
of the venom treatment. which was
discovered accidentally as result of
a snake bite suffered by an epileptic
in Texas two years ago. has just been
made to a local medical society by DR..
Ralph Spangler of Philadelphia
THE venom when given hypodermi-
cally," he says, makes a profound i'm
preston on the nervous system. am
convinced from my limited experience
with it's use in epilepsy that there is
a distinct possibility of our having in
this therapeutic agent a drug which
upon further medical investigation and
study may be the means of modifying
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-09-09
WILL ELIMINATE HORSES.
New York Fire Department to Use
Motor Driven Apparatus.

New York, Sept. 9.-With the deliv-
cry soon of eleven motor driven hose
carts, engines and trucks. ordered by
Fire Commissioner Waldo. the first
step will have been taken toward the
elimination of horse drawn apparatus
in the New York fire department. The
new apparatus was ordered owing to
the success OF a motor driven hose
cart bought for experimental purposes
some months ago.
The new apparatus includes six high
pressure hose wagons, an aerial ladder
truck, a combination engine and hose
cart. two motor trucks and steam
fire engine on a sixty horsepower gaso-
line automobile chassis.
The elimination of the horse, accord
ing to Commissioner Waldo. is a step
in the direction of economy rather
than in answer to a demand for SEN
sational speed. None the less, the saw
ing in time will be considerable.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-09-09

general manager of the Santa Fe,
quite well. 1 was acquainted with him
when he was general superintendent.
He was a fine fellow and a good rail-
road man. His death was greatly felt.
GAS to Harriman's death. while
Lowell, who was very close to him and
is carrying out his policy the best he
can, the magnate is greatly missed on
Wall street"
Mr.. Huntley was walking from the
tie plant to his private car as he talk
ed. He saw a three-wheeled motor
car go by on the railroad.
ut seems to me that men should be
prohibited buying those things he
commented. "They are dangerous and
are liable to jump the track. I think
four wheelers are better. They will
not leave the rails if it happens to run
over a tack
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-09-09
NORTH SIDE news.
Onaga Branch Open to Marys-
Vile by November /.
Is Opinion of r. L. Huntley, U.
p. Chief Engineer.
SURFACING TRACK.
But Will Not Ballast Line This
Fall.
No Immediate Liability OF Re-
moving Tie Plant.

r. L. Huntley of Omaha. chief en-
gineer of the Union Pacific railroad
was in Topeka this morning en- route
to meet A. Ii Mohler. general manager
of the Union Pacific. and other rail-
road men at a melting of the board OF
railroad directors at Denver tomorrow.
He attended a meeting of twelve chief
engineers of different railroads. or
terminal committee, at. Kansas City
Yesterday He continued his journey
at noon.
Mr.. Huntley inspected the tie treat
ing plant here. He said that there
was no Immediate prospect of it's being
removed elsewhere, although; it was
semi-transportable plant. and that the
expense of shipping such plant was
slight as compared with the saving IN
transportation of ties when conditions
made such saving possible. However,
according to him there was not much
liability of conditions making it eco
nomicaI to move the plant. He also
stated that the Onaga branch would
likely be opened for local traffic be-
tween here and MarysVllle py NoVeHi-
Der 1.
considerable track work remains
to be done on the branch. but enough
will be finished to open it for local
business by November ~ said Mr.
Huntley. the tracks s, are oelng ,,i sur he
done this fall. That will come later
The idea is to get the road in shape
for local traffic as soon as possible. IL
is likely that mixed, or accommodation
trains, will be run between Topeka and
Marysville. The best possible connec-
lions will be made with the main line
at Topeka and with the Grand Island
at Marysville. Through trains be-
tween kansas City and Marysville
from the former place to Cheyenne
and the coast. will not be put on fol
some time. The Grand Island has
some rectifying work as grading VI
| entertainments and laying heavier stee
before a thorough schedule could bt
maintained.
"As the business demands it and
| other arrangements are completed
| through train service will be estab
| lished.
Eyes, I knew the late Mr.. Hurley
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-09-09
WANTED TO SEE ROOSEVELT.
Man Said to Be 'Plain Bug Did No
See Him.

Chicago, Sept. "a man about SIS
years old, giving the name of w. w.
Durham, and having the appearance
Of a cowboy, gave the house detectives
and police on duty at the Hamilton
club banquet in the gold room of the
Congress hotel last night some anxiety
by his endeavors to see my friend
Teddy
81 am a pal of Seth Bullock" he told
Clerk Ernest Reul "and must have my
card sent right up to Teddy Roose-
welt. He will see me all right. Here's
the card; now beat it, boys"
On the card was written wv. w.
Burnham," and underneath he had
scrawled Just one minute, Teddy"
The card was taken to Secretary Nor
ton and Mr. Burnham got no nearer
than that to the colonel.
plain bug" said Clerk Reul, but
maybe he did know the colonel at
that
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-09-09
Notes and Personals.

w. H. Whitehead has gone to Cor
don. Neb.. for visit with relatives.
who has been visiting her aunt. Mrs.
w. H. Whitehead. has gone to Linds-
borg to attend Bethany college
Miss Maeanna Bridge is visiting Mr..
and Mrs. VIM. Bridge
e. H. Brown of Lathrop, Mo-. has
moved to Topeka and will locate the
first of next week at 1924 North Van
Buren, street.
Mrs. Viola Lee has moved from SIT
West Gordon street to 1412 North
Kansas avenue. ~
L. Roedeker and family, who have
been living at Colorado Springs, Colo.
have returned to the North side and
will locate at 713 North Monroe street.
Miss Coda Hook of Rossville re-
turned home this morning. after visit
with her sister, Mrs. Martin, of 1905
North Jackson street.
Mrs Ira. Celburpo formerly of the
North side, has moved from Emporia
to Lincoln, Neb. She and her children
| left for their new home this morning,
after visit at the home of E. c.
Segar. D. -a11 go
Mrs. e. G. Segars is expected to re-
turn home tomorrow from an extend
ed visit in Pocatello. Idaho. and the
National Yellowstone park.
tee of the B. Y. P. U. will meet to-
| night at the home of Miss Margery
Cole, 316 West Laurent street
The Civic club in the future may
make an effort to obtain other extern
sions of the street car lines on the
North side since the Shorey line is now
completed. A favorite proposition of
the First ward peope is the extending
of the street railway west several
| blocks on Gordon street. The posi-
bility of a Topeka-Silver Lake inter
urban north of the river is also often
| discussed.
Claude Shields of 1925 Central ave-
nue. has returned from months visit
with relatives in Ohio.
| Mr.. and Mrs. Will Milford of Olive
Branch. Ohio. are visiting at the home
of John Pratt, S33 North Jackson
street.
Oran Leighton of Manhattan has re-
turned home, after a visit with rela-
tives here. Ae
Mrs. B. Slower is visiting friends and
relatives in Lindsborg.
Mr.. and Mrs. Henry Boyden of Meri-
| den are visiting friends here.