davidaulloa/AmericanStories huggingface dataset:
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1910-01-13

Foley's Kidney Remedy will cure any
case OF kidney or bladder trouble that Is
not beyond the reach of medicine. 1t in-
vigorates. the entire system and strength
ems the kidneys so they eliminate the in,-
purties from the blood. Backache, rheu-
matism, kidney and bladder troubles are
all cured by this great medicine w.
O'Sullivan. "a Church street.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1910-01-13

Whether the place" is advertised or
the servant advertises: the want ad.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-03-10

paid If the service is continued for
one year and the servant remains
sober, it is a contract for employ
ment by the week and not an en-
tire one for a year.
S. Evidence of payment in full for
all services considered, and it is held
therefrOm that it was not error to
refuse to direct the jury to find in
plaintiffs favor for small balance
of thirty-nine cents claimed to be I'M
paid.
g. No question of costs being in.
volved, an error affecting that small
sum would not be considered as the
principle of de minimis non curat
lex applies.
Z. Question as to whether it was
error to refuse to strike out the an
swer of a witness on the ground that
it was not the best evidence consid.
ly erroneous.
(Syllabus by the court.)
Appeal from district court Grand
Forks county, Templeton, J.
Action for wages. Judgment for
defendants. Plaintiff appeals.
Affirmed.
H. A. Bronson, D. T. Collins and
G. A. Chance, for appellant.
Skulason & Burtness, for respon.
dent
Opinion of the court by Morgan, C.
J., all concurring.
Elevator Co vs.. Dawson.
St. Anthony & Dakota Elevator Co.,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-03-10
lntheSupremeCo Court
William Schulz, Plaintiff and Appel
! liant, VS.. Gottlieb Shulz, Defendant

William Schulz, Plaintiff and Appel.
liant, VS.. Gottlieb Shulz, Defendant
and Respondent
l. Section 5119 Revised Code 1905
provides: "When any testator omits
to provide in his will for any Of his
children or for the issue Of any de-
ceased child, unless it appears that
such omission was Intentional, such
child or the issue of such child must
have the same share in the estate of
the testator, as if he had died intes-
tate, and succeeds thereto as provid-
ed in the preceding section
Held, constituting such section, that
parole testimony is admissible to es-
tablish the fact that a child omitted
from the will was Intentionally thus
omitted.
2. The fact of the omission by tes-
tator to provide in his will for any
of his children or for the issue Of
any deceased child, merely raises a
prima facie presumption, that such Is
issue was unintentionally omitted
and such presumption is REPUTABLE
by evidence, extrinsic the will.
(Syllabus by the court.)
Appeal from district court, Barnes
county; Edward T. Burke, J.
Action by William Shulz against
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-03-10

Gottlieb Schulz. From a Judgment
in defendants favor, plaintiff ap-
peals.
Reversed.
John Knauf, for appellant.
Herman Winterer, D. S. Richie,
for respondent.
Opinion of the court by Fisk, j.,
all concurring.
Richard McGregor, Plaintiff and
Appellant, VS.. Henry Harm and
John C. Oschger, Co-partners, De-
PENDANTS and Respondents.
1. Compensation for work within
the scope of regular employment in
addition to the usual but not fixed
hours for days work, can not be
recovered in the absence of con-
tract therefor, unless the contract
was entered into in reference to a
controlling custom.
2. Where the evidence is undisput-
ed as to the cause for discharge
from the service under an existing
contract, it is question of law for
the court as to the sufficiency of
such cause.
8. Where the employer requests
the servant to do additional work not
unreasonable in view of the nature
of the employment, and the servant
refuses such request without cause.
such refusal will justify his dis
charge by the master.
4. Where contract for services
as entered into for a sum certain per
week with an additional sum to be
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-03-10
STATISTICS OF
THE BIG CITIES
Cost of Street Lighting and Cleaning
in the Year 1907

Washington, Mar. 9.-Many inter
esting comparisons appear in the U.
S. Census Bureaus special annual re-
port on the statistics of the 1873 cit
les having a population Of over 10000
each for 1907.
The section devoted to the subject
of street lighting includes payments
for expenses of street lighting per
acre of land area and per capita,
lights classified by kind, number,
candle power, price per light per
year, number of hours lighted per
year, and average number of each
kind of lights to each 100 miles of
streets.
The cities with the highest per
capita payments for lights were Yon'
kers, New York ($1.59), and Los
Angeles ($1.37); and those with the
largest payments per acre OF land
area were Hoboken ($35.0S), and
Boston ($32.00). Owing to the great
length of their unimproved streets,
the average number Of lights to 100
miles of streets is very small in some
cities. OF the cities using Welsbach
lights, largely In the residence dis
tricts, Boston leads in the number
used in proportion to street mileage,
followed by Washington, st. Louis,
Cleveland. New York, and Baltimore.
In comparison with similar stats.
tics for 1905, it is Interesting to note
that the fiat flame gas lamp is fast
disappearing from use, the per cent
of decrease in number reported
amounting to 43.7. This decrease
has been offset by a large increase
in the number of Welsbach, incandes-
cent, and arc lights.
Street Cleaning Cost in 1907.
Street cleaning cost New York city
in 1907, $6,941, 912, though portion
Of the cost of refuse disposal is in
Guided in this amount. The city
next in rank was Philadelphia, which
paid less than a million dollars for
maintaining it's street cleaning de-
partment.
Cities of over 100000 population
with a small expense for street
cleaning were Milwaukee ($129,3SO)
New Orleans ($13S,993), and Buffalo
($1S9,683). The cities with the larg-
est areas cleaned at least once a
week were New York, 25,312, 729
square yards, Philadelphia, 1920
O34 square yards and Buffalo, 1885,
15s square yards. New Orleans had
the smallest such area for cities of
over 100000 population, or less than
one million square yards.
Nearly all of the area in New York
Chicago, and San Francisco subject
to regular cleaning was swept by
hand, while most of that in Pitts
burg, Detroit, Boston, and large
areas in Philadelphia, Buffalo and
Washington were swept by machine.
In Buffalo, St. Louis, Cincinnati
and Detroit large areas were cleaned
by flushing, though this method in
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-03-10

Buffalo was only an experiment and
was continued for only two weeks.
In comparison with similar figures
for 1905, the area regularly cleaned
by flushing shows large increase.
Water Supply Systems.
OF the 1853 cities reported, III own
ed water-supply systems whose esti-
$647 1874 ,495. The revenue receipts
from the public amounted to $52,S31,-
096 and the actual expenses of oper-
alton to $21,231,273. The excess of
receipts over operating expenses was,
therefore, $31,599,S23, nearly two
fifths of which was consumed in pay
ment Of interest on the outstanding
debt. The remaining three-fifths
was apparently net profit, but it is
impossible to argue from this result
that municipality owned water-supply
systems are exceedingly profitable.
Cities owning their water works do
not receive taxes from them, and in
few cases charge off sufficient
amount for depreciation. The report
states that the financial results fndi-
cate, when these factors are taken
into consideration, that few systems
are operated at great profit while
some are conducted at an actual loss.
Some cities, however, aim to furnish
water to their citizens at cost, and
it is possible that in such cities water
rates are lower than they would be
if the water system was owned by
private parties.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-03-10

Corporation, Plaintiff and APP
pellant, VS.. Dawson & Byfield, Co.
partners, Defendants and Respond
ents.
l. On a sale of personal property
by the owner, there is an implied
warranty of title free from encum-
brance.
2. There may be an implied war
ranty of title of personal property on
a sale thereof, although only in the
constructive possession of the seller
as bailor.
3. An endorsement in blank follow
ed by an unconditional delivery by
the holder of a warehouse receipt
for grain stored in a public elevator,
to creditor for valuable consider
! alton passes the title to the grain
represented by the ticket, and is a
transfer of the title and a sale Of
the grain to such creditor.
', 4. Where such creditor as holder
Of such storage ticket therefore de-
livers the same to the elevator COM
;; pany and receives the money due
/ Il. ereon, a sale of the grain is there
by made.
5. A person who sells personal
! property on which there is a valid
mortgage, and the purchaser is CON-
PEELED to pay said mortgage after a
adjudication of its validity, is liable
to such purchaser for that amount of
the mortgage and costs.
6. If such purchaser, when sued
for conversion in disposing of the
property on which the mortgage was,
requests the seller to defend the &C.
ton, and he does not, the purchaser
is entitled to recover, in addition to
the amount Of TIE mortgage and
costs, special damages for reason.
able attorneys fees when pleaded
and proven.
! (Syllabus by the court.)
Appeal from district court of Cav
alier county, Kneeshaw, J.
! Action for damages on an implied
warranty of title free from encum-
brance, to personal property.
Judgments for defendants Plain
tiff appeals.
Reversed.
Guy c. H. Corliss, for appellant.
Cleary & Mclean, and Jeff M.
Meyers, for respondent.
Opinion of the court by Morgan,
c. j., all concurring.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-03-10

Washington, March 9.-(Special.) y
Leading among the agencies, national
and state, that are trying to learn
why living costs so much, is the SEN
ate committee appointed to investi-
gate the high prices of food, clothing,
etc. The members of the committee,
(shown in the picture from left to
right are as follows: Clarke of Ar
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-03-10
WAS FORMER GRAFTON MAN.

Grafton, N. d., March "a. G..
Mailer, a pioneer resident of this
city, who moved to Seattle two years
ago and engaged in the real estate
business, lost his life in the snow
slide horror at the portal of the Cas-
cade tunnel
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-03-10
PACED THE TRAIN.

Gackle Republican: Thursday
morning four horses belonging to
some one near Streeter, took a little
exercise by setting the pace for No.
III till Gackle. The horses got on
the track and kept ahead of the train
all the way till this place where the
section men had to run them off. It
seemed as though they had quite a
chase, the way they were warmed up
when they got there.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-03-10
When Ruhbers Become Necessary

and your shoes pinch, shake into your shoes Aliens
Foot-Ease, the antiseptic powder for the feet. 1t
cures painful. swollen, smar.ins, sweating feet, and
thing for patent leather Shoes dancing parties and
for breaking in New shoes. Many people can;ot
wear heavy stockings comfortably without sl!"k-
ing Aliens Foot Ease into the shoes. Sold every
where, .25c. Sample FREE. Address, Allen :.
Olmsted, LIE Roy, NY. Don't accept any substitute
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-03-10

under a resolution introduced in the
senate by Senator Elkins of West
Virginia, republican, but Senator Elk
ms is not taking part in the investi-
cation. He has grievance against
the senate for the manner in which
his resolution was treated, declaring
that it was held uD too long in COM
mittee.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-03-10

kansas, democrat; Johnston of Ala
bama, democrat; Smoot of Utah, re-
publican; Lodge of Massachusetts, the
chairman, republican; Gallinger Of
New Hampshire, republican; Craw-
ford of South Dakota, republican;
McCumber Of North Dakota, republi-
can; Simmons of North Carolina,
democrat. The committee is acting
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-03-10
FARM WAGONS.

All steel farm wagons for sale,
cheap. 421 Twelfth street. F. Jasz-
kowiak.
The Palatka news and advertiser. [volume] (Palatka, Fla.) 1908-19??, 1910-07-08
The New Theater.

Kalbfeld'S Orpheum Theater, or air
dome, while yet in an unfinished state,
is nevertheless now open to the public
and has been doing good business each
night this week.
During the day time carpenters are at
work putting on the finishing touches
and by another week the place will pre-
sent very attractive appearance, eSpec-
tally at night with its brilliant electrical
illuminationS.
The Orpheum was first opened Mon
day afternoon when great crowd gath
cred TO get the fight returns from Reno.
On Monday, Tuesday and Wednesday
nights the vaudeville acts were by the
two Conleys, brother and sister, clever
singers and dancers, and Jack Owens,
the commedian. These clever artists
pleased the crowds greatly.
Thursday night, and again tonight and
Saturday Owen and DeVernon will ap-
pear as clever society sketch artists.
One act, "a Modern Husband" is fun
ny. There will also be another artist
in one-act comedy, but his name has
not been furnished to the News.
Besides these vaudeville acts there are
moving pictures each night, with nightly
change of program. On Wednesday
night the express company failed to de-
liver the picture films and Manager Kalb-
field gave each patron ticket on going
out good for any future night. He says
that he has arranged so that there will
be no future failures in the picture de-
partment.
The Orpheum's first week under diff
cultieS has established the fact that it
will prove popular evening resort for
amusement loving PalatkanS.
The Palatka news and advertiser. [volume] (Palatka, Fla.) 1908-19??, 1910-07-08
MONEY COULD BE
BETTER EMPLOYED
One Man in Palatka Opposes
Federal Building.

1t is stated upon good authority thai
there is one man in Palatka who is op
posed to the erection of Federal build.
ing in this city.
That man is r. w. Thompson, mana.
ger of the Hart estate and rear admiral
of the Oklawaha river line of tourist
steamers.
Mr.. Thompson is not altogether a
stranger here, though Bawston is his
home
His reason for opposition, as given out
for public consumption, is, that the same
amount OF money spent in improving
the channel of the St. Johns river would
be greater benefit to Palatka.
He may be correct, but what's the
matter with our having both?
There is another reason for the oppo-
sition of Mr.. Thompson of Bawston.
The present quarters of the Palatka
postoffice is leased by the government
from the Hart estate, of which Mr..
Thompson is agent.
Last week MIR. Thompson of Bawston
prepared petition for circulation, set
ting forth bis objection TO the Federal
building plan and urging that the money
be used to deepen the river channel.
He wanted John Danforth TO circulate
this petition for signatures, but Mr.. Dan
forth, though an employe of Mr.. Thomp-
sons, argued with his chief that it
would be most unpopular measure and
would furnish an additional cause for
public amusement at the expense of the
gentleman from BawSton.
Mr.. Danforth'S reasoning finally pre-
vailed and the petition was Withdrawn.
The Palatka news and advertiser. [volume] (Palatka, Fla.) 1908-19??, 1910-07-08
AN IMPORTANT
PIECE OF WORK
County Commissioners Are Try
ing to Equalize Taxes.

The board of county commissioners is
hard at it this week in an effort to equal
ize the tax on land values. The result
OF this work-all changes from the as
SCISSORS books-will be published in the
r,alatka News, this paper having been
designated by the board to do the work.
from hints obtained on the outside, il is
thought that there will be many changes.
ne work is important and the board is
going about it in careful manner.
Other business transacted by the board
at its meeting Wednesday was the ap-
preparation of 500 TO the Mississippi-to-
Atlantic Waterways Association, MIR.
Aivers alone objecting.
he barrel factory at Huntington was
ordered notified to remove all obstruc-
tion from the public road at that place.
l.. J. Arnold's bid of 50 cents per
cubic yard for filling with earth the
grounds around the new court house
was accepted. The only other bid was
by w. A. Walton at 90 cents.
After consultation with the bond trus-
tees the board decided to start hard road
building north from Crescent City.
The board had refused to accept the
new Court House from contractor owing
10 faulty construction of steps, but this
matter was adjusted by the contractor
paying $120 to make good.
A warrant for S930,& TO pay for light
cning rods on the new court house was
ordered drawn.
The Palatka news and advertiser. [volume] (Palatka, Fla.) 1908-19??, 1910-07-08
Fight PICTURES
BARRED IN SOUTH
Feared Tendency Would Be to
Stir Race Prejudice.

That Palatka will join with other cities
of the south in prohibiting the exhibition
of the moving pictures of the Jeffries-
Johnson fight is generally believed.
City Attorney Strunz says that it would
be question for the city council 10 de-
termine, though the mayor, did he think
such exhibition would result in trouble,
would undoubtedly have the power to
prohibit it,
But there would never be any trouble
in Palatka. The white people of this
place are generally willing the negroes
should enjoy to the full all that's coming
to them in glory from the Reno affair.
They recognize that the Johnson fight
ing machine is almost perfect.
However, the moving picture exhibit
would be debasing in its tendency and
decent people of both races do not want
il.
From many cities both north and
south come reports that these pictures
will be prohibited. Boston'S mayor has
pronounced against them, as so also have
the authorities at Washington, Cincin-
natl, Baltimore, Harrisburg, Pa, and At
lanta.
That the south will be unit in pre-
venting the exhibit is conceded. The
surprising thing is the edicts that have
gone out against the pictures in all parts
of the north, where resultant race riots
are predicted.
The moving picture company stands
to lose big sum OF money by this un-
doubted popular demand that the pictures
be suppressed. The company paid $780,
900 for the exclusive privilege of making
the pictures of the fight and hoped TO
clear million dollars on the deal. OF
the amount paid Jeffries gets $1,000,
johnson $5O,OOO and the promoters of
the fight $5O,0OO.
The Palatka news and advertiser. [volume] (Palatka, Fla.) 1908-19??, 1910-07-08
Getting Into a Life Buoy.

The average person in danger of
drowning usually attempts to lift life
buoy over his head. with the result
that he is immediately plunged deeper
into the water y good swimmer can
do this With IL sudden upward jerk. but
with the nUnSwimmcr ii is almost an
impossible feat What he should do
when he has seized the buoy Is to
place both hands. palms downward. on
the buoy on the part nearest the body.
pressing it downward and slightly
away. when the farther part of the
buoy will rise out of the water and
actually fall over the head. The arms
can then be put through easily, land
there you are"
The Palatka news and advertiser. [volume] (Palatka, Fla.) 1908-19??, 1910-07-08
Judge Perkins Here.

Judge James w. Perkins, of Volusia
Criminal Court of Record, was a dis.
tinguiShed visitor in Palatka yesterday,
en- route home from visit to Dean Far
rah of the State University Law School
at Gainesville.
Judge Perkins, whose fame rests more,
perhaps, on his long service as prose
cutting attorney than as a Judge, and
which office he has filled less than a
year, was recently nominated state sena-
tor from Volusia county in hard-fought
battle with strong competitors, and on
the first of the coming year will tender
his resignation as Judge 10 Gov. Gil
christ.
Judge Perkins is being urged by many
admirers to be candidate for president
of the senate, and will probably consent,
but whether elected as presiding officer
of that body or not, one thing is certain,
he will play an important part in the de-
liberations of that body. He is man of
ideas and action, is in the prime of Wig
orous manhood, and now that he is to
be factor in the politics of the state,
his influence will be potent for the gen
eral welfare. He is a native Floridian
of the kind we are all proud of.
The Palatka news and advertiser. [volume] (Palatka, Fla.) 1908-19??, 1910-07-08
PROPOSALS FOR
Federal site
Governments Method of Secur-
ing Sites for Public Buildings.

Now that Congress has enacted law
authorizing the purchase of site, and
the erection OF a Federal building for
Palatka, it will interest property owners
of available locations to know some
what of the methods employed by the
Treasury Department in making selec-
ton:
In the first place the government
wants lot approximately 12Ox130 feet
corner lot. Proposals for the dona-
ton or sale of such lot will be received
by the Secretary of the Treasury up to
10 a. m. on Wednesday, July 9th, 1910,
at which hour they will be opened.
No special form of proposal is required,
but the offer must be in writing, and
should indicate definitely the location
and dimensions of the property, and the
price at which il is offered. The pro-
poSal must be accompanied by diagram
or plat on a sheet of paper Sx1219 inches,
showing accurately shape and dimen-
sionS in feet and inches of each side;
the width from lot line to lot line of ad-
jacent streets, width of sidewalks, width
of roadway between courts, and whether
streets are paved, and if SO, with what
material; width and location of adjacent
alleys, whether public or private, and
whether paved or unpaved; also location
on adjacent streets and alleys of gas,
water, heating g-mains, electric light con
duits, sewers and their depth below
street levels and their dimensions, and
whether they are sanitary or storm
water sewers, or both.
d Full particulars may be obtained on
application to Postmaster Kirby, and if
you propose offering site it is import
ant that you get this full information.
HWith the proposal must 60 two photo
graphs, size Sx1O inches, mounted on
cloth, taken from well-selected points,
marked on the survey by star. These
photographs must not only show the
site, but something of the surroundings.
Several proposals have already been
forwarded.