davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-12-07
Supreme Court

In The Supreme Court, State o.
North Dakota, October, 1910, Term
Fred w. Mclean, appellant, versus
The News Publishing company, re
spondent.
l. Plaintiff entered into the employ
ment of defendant under a contract
whereby in consideration of 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 at Fargo
which consisted in the printing, pub
! fishing and circulating of the news
papers published by defendant. Such
contract was to continue for sis
years. At the time of enterting into
, such contract plaintiff was a resident
, of Langdon. this state. engaged in
| the general practice of law, his bust.
ness netting him $4,000 per year. I'm
mediately upon entering into the con.
tract plaintiff abandoned his law bust
ness at Langdon and moved his fam
lily to the city of Fargo where his
duties under the contract were to be
performed. Thereupon he entered up
on the discharge Of his duties under
the contract and faithfully performed
the same for the period of nearly
three months at which time it is al
legged that defendant wrongfully and
without cause discharged the plain
tiff.
In an action to recover damages
for such wrongful discharge plaintiff
offered to prove his reasonable ex-
penses in moving from Langdon to
Fargo, and also what his services
were worth and as a circumstance
tending to prove the latter fact he
offered to show his earning capacity
at Langdon at the time he entered in
to the contract, which offer was re-
jected. Held, error, for reasons stat
ed in the opinion.
In view of the fact that a portion
of plaintiffs compensation under the
contract was to be share of the
net profits and such prospective
profits being too uncertain and con-
jectural to be conceptible of approx
mate measurement, the only proper
rule for measuring plaintiffs damage
to be applied is that he may recover
the amount which he has been in
duced to expend on the faith of the
contract, including a fair allowance
for his own time and services.
g. ut 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
denying that the injured party has
not been damaged to the extent of
his actual loss and outlay fairly in
Cured.
(Syllabus by the court.)
Appeal from district court, Cass
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-12-07
FOR CATARRH.
Medicine Free In Every Case Whore /
Fails to Relieve.

medicine Free In Every Case Who're Il
Fails to Relieve.
Neglect or pcSSimism, we believe, is
the greatest enemy the public has to
contend with when applied to the loss
or recovery OF health. Practically ev-
cry case OF consumption might have
been cured if hope had been MAIN
tanned and proper treatment had been
reSOrted to at the first symptom of the
disease. Until The advanced stage is
Reached consumption is durable. Ca
tarrh is responsible, we believe, for
many cases Of consumption. 1t is
about catarrh we want to talk to YOU
today. incidentally consumption, since
the two are so closely allied.
We have Il medicine made from a
prescription of one of the most sue
ceSsful catarrh specialists known We
believe it is positively without an
equal. We are SO satisfied that we
are right, that we will supply the
medicine free in every instance where
it is used according to directions for a
reasonable length Of time, should it
fail to give satisfaction in every par
ticular. We want every one to try
this medicine at cur risk. There are
no conditions attached to our offer.
We put the user under no obligation
to us whatever.
The medicine we want you to try is
ReXall Mucu-TOne. 1t is q catarrh
remedy that goes direct to the seat Of
trouble. 1t is carried by the blood to
every part Of the system. 1t purifies
and enriches the blood, tones up the
mucous cells, and brings about con-
dition of health and strength that
tends to prevent the germs Of con-
sumption from getting start. Be-
sides this, Rexall Mucu-Tone is a won
derful appetizer. digestive aid and
flesh builder. It's good effects are Of
ten felt from the very first dose. 1t is
one of the largest and most satisfac-
tory selling medicines that we have
ever had anything to do with.
We know so much of the great good
that it has done that we personally
back it up with our reputation and
money, which fact should be ample
guarantee to satisfy anybody. Rexall
MucuTOne comes in two sizes, 80 cents
and $1.0O. We urge you to try it. Re-
member you can obtain Rexall Rene
dies only at our store-The Rexall Store.
Lanhart Drug Store, Main st.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-12-07
OPEN PUBLIC LIBRARY.

The Salvation Army WOrKVTs III tI1s
city will on Friday evening OF TINS
week, at 8 p. M. open up the AUDITOR.
nm of their new building, to be used
as a public reading room and library.
Through the kindness OF TRENDS H.
brary of about 200 books mas peen
gathered, tables provided and the
room which is steam heated. will be
kent open for use of the public from
10 a. m, to D. m. every day except
Sunday. An attendant will be pres
ent at all times. A Webster's dlctlon-
arv and set of Chambers Encyclo-
ned;, have been installed for the es-
pecial convenience OF students. "A
program for the evening will be given
out later.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-12-07
st. Mary's
PRO=CATHEDRAL
600 a. m-First Mass and Instruc-

600 a. m.-First Mass and Instruc
ton.
900 a. m.-Mass and Sermon.
400 p. m.-Instruction for children
7::3O p. m.-Sermon and Benediction
During the present week there will
be mission at St. Mary's Pro-Cath
edral. The above schedule Will be
held every day. The mission will be
conducted by Dominican Father Eek.
ert and Thuente of Minneapolis. The
services will commence promptly on
time. A cordial invitation is extend
ed to non-Catholics as we'll as Catho.
lies to attend the services.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-12-07
IEE1 EOR HOME.

Arthur Rasmussen OF wilton, VINO
has been patient at one OF the 10
cal hospitals for the past six weeks
with bad case of typhoid fever, has
sufficiently recovered to enable him
to return to his home. His many
friends hope for a rapid reSalnlng OF
strength.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-12-07
Weather Conditions.

High pressure overlies the Missouri
and Mississippi valleys, Saskatchewan
and Manitoba, and throughout this re-
gion light snow has occurred, and
the temperatures are zero or below.
The pressure is low over Missouri
and the upper Pacific coast. The in
dications are for generally fair to-
night and Wednesday, continued cold.
ORRIS w. ROBERTS,
Official in Charge.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-12-07
VISITING SONS.

Mrs. A. l.cnhart of Fargo was an ar
rival in the city Monday from Hazel
ton, where she has been visiting her
son. G.. A. l.enhart. for the past week.
She will spend a week as the guest
OF her sons, A. p. l.enhart and Ben
Lcnhart. before returning to her home
in the Gate City.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-12-07
NECk1IE SOCIAL.

Next Thursday evening, December
Sth. the ladies of the Swedish Luz
theran church will hold necktie So
cial in the X. P. hall, above bergesoh
& Sons. clothiers store. A special form
of entertainment is in store for the
Young people. Refreshments will be
served. All are cordially invited to
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-12-07
LOOKING FOR ACCOMMODATIONS.

Hon. W. b. De Nault OF jamestown
was an arrival in the city last even
ing, He was elected to the state legls-
lature at the recent general election.
He came to the state capital to engage
apartments for himself and wife, ana
also for Senator and Mrs. SteeKe OF
StutSman county.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-12-07
ENTERTAINED HER CLASS,

The Sunday school class OF Miss
Meyers, in the Presbyterian sunday
school me, with Miss jeanette Wolbert
las, evening. The class meets with its
yarjnus members once in two weeks.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-12-07
THE CITY
HAS TYPHOID FEVER

Frank Lange OF Glen Ullin was
brought to capital city Tuesday SUI
fcring from an attack of tyhoid fever.
lie was taken to one OF the local nos
pitfalls for treatment.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-12-07
ADIfS AID MEETING.

On Thursday afternoon at nall past
three, the ladies' and society of the
PRESBYTERIAN church will hold a short
business meeting in the chapel. All
members are urged to be present.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-12-07
Weather Forecast.
Till 7 p. M. Wednesday.

For North Dakota-Generally fair
tonight and Wednesday, continued
cold.
For Bismarck and Vicinity-Gener-
ally fair tonight and Wednesday. con-
tinued cold
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-12-07

Break, cake, baked beans, laundry
articles, domestic and fancy goods, at
Christmas sale, Baptist church par.
lors, Saturday afternoon, Dec. 10.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-12-07
BIRTHS

A BOY.
twelve-pOund boy was born to Mr..
and Mrs. Fred Anderson of this city
the latter part of the week. Mother
and son are doing very nicely.
A BOY.
A baby 10Y was born Monday after.
noon at the Bismarck hospital to Mr..
and Mrs. Earl Frederick of Hazleton.
All concerned are getting along nicely.
CHRISTMAS FOLDERS.
A beautiful line of photos with the
new folder mountings, at Buffers.
NOTICE.
DR.. Alex Schutt has returned from
Minnesota and will be found in his
office during the usual hours.
PRICE REDUCTION.
Nice sweet ground corn and oats,
$1.35 per 100 pounds, SIS per ton, at
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-12-07
NEW MOUNTINGS.

NEW MOUNTINGS.
Beautiful line of new folders re-
ceived Saturday at Buffers Studio
for the Christmas trade.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-12-07

Special music all day at 1.-THE Won.
der Xmas sale.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-12-07
HoMEsTEADERs TAKE NOTICE.

Special music today at The Wonder
and 10 Cent Store music sale.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-12-07
SUCCESSFUL SAVING.

You can make a success of saving
by starting with a small amount.
Open an account with us-$1.00 will
do it. The four per cent interest we
pay, compounded every three months,
will incretse your savings materially.
We invite small accounts as we'll as
large ones.
The City National Bank of Bismarck.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-12-07
A-StatiOns

A-OIdIIUIIS.
B-Min. temperature in last II hours
C-DirectiOn of wind.
D-VelOcity Of wind.
DIFFERENTIATION in last "a hours.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-12-07
WEDDINGS
ELLITHORP-FERRIS.

Tuesday afternoon a quiet wedding
was solemnized by Judge Murdoch j
Mckenzie at his office at the court
house, when he united in marriage
Harold B. Ellithorp of Minneapolis
and Miss Gladys r. Ferris of this citv
The groom recently came to Bis.
marck from Minneapolis to take
charge of the garage of the Lair Mo.
tor Sales Company. He has made a
wide circle OF friends during his short
stay here. The bride is one of the
charming young ladies of the city
The many friends of the contracting
parties offer them their best wishes
and congratulations.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-12-07
Coming Events
= :: :. :. :. :. :. :. :: :. :. :: :. :

Z
. Tonight-Revival at the Metho- ::
. dist church. (:
. December 6.-Dstrict cOnven- ::
!: ton, knights of rythias, with .:
!. Fred T.. Wheaton, Supreme :
X. r. and S. ::
January, 1911-Burleish Coun- ::
: ty Sunday School Associa- ::
: ton. ::
:: January 3, 1911 - Legislature ::
, cOnvenes. Z:
: Jun 19l1-State Convention Z:
. of Catholic Order Of Forest ::
. erS. e.
: July, 19ll-North Dakota Inde- ::
. pendent Telephone Associa- ::
!, ton. :
} : :. :. :. :: :: :. :. :. :. :. :. = :
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-12-07

For Christmas-Water Colors and
Hand Painted China, in Fields win
dow.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-12-07

Remember the Baptist Christmas
sale Of domestic and fancy articles in
church parlors, Saturday afternoon,
December 10, corner Fourth and B.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-12-07

APPROPRIATE PRESENTS.
A good photo is always acceptable
and appreciated by your friends.
Beautiful line at Buffers Studio.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-12-07

county, Pollock, J.
Action by Fred w. Mclean against
the News Publishing company.
From an order denying the plain
tiff's motion for new trial he ap-
peals.
Reversed
NJ. A. Hildreth. for appellant.
No appearance for respondent.
Opinion of the court by Fisk. j., all
concurring.
HOMESTEADERS TAKE NOTICE.
Friday, Dec 8, will be election of
officers for the ensuing year. All
members are requested to be present.
OLIVE ADSIT, Secretary.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-12-07
Weather Bulletin
PUBLISHED BY AUTHORITY OF
THE SECRETARY OF
AGRICULTURE.
Willis L. Moore, Chief Of United States
Weather Bureau.

Bismarck, North Dakota, Tuesday
December g. 1910.
All observations taken at s a. m.
(75th meridian time).
The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1910-09-13
Blindness and Patriotism

D. NJ. Powell Mt. Vernon, S. D., who boasts that he
became republican in the $685. takes exception to the
attitude of the Sioux City Daily News toward that element
of the party which would make it refuge for tariff rob
bers and land pirates. Therefore, in Indignation Powell
ordered the News to stop his paper.
Going to press the next day usual the News printed
its reply to Mr.. Powell, and it's not bad reading The
for reprintng it part in this column is the fact
that fits in general way that class of the citizen Amer
to which Powell belongs and which fortunately is
rapidly becoming extinct.
1t is suggested to ex-Subscribed Powell that if he
old enough to vote in the $685. he is old enough to
know that the AdrcC Cannon Ballnger party, on whose
tail he is pleased to dangle is without resemblance to the
republican party of half century ago. In his logged
devotion to a he has allowed himself to mistake his
blindness for red white and blue patriotism. If he
be real patriot Powell will stick to the republican party
only the condition that it purge itself of its impurities
His motto evidently has been for half century: The
republican party, right wrong" Why not make it:
HThe republican party-when it's right''
The News tells Powell it is sorry for him if he is willing
to stand for everything that goes with Adrch and Cannon
and Banger and the rest Of that lot simply because they
have the to paste republican label their acts
it feels for him if his repubcanism be of that rbbed
sort that takes exception to attacks roenness and
corruption because they happen to be in the partyhat it
marve at him if he be happy with his ball and chain
attachment of party solidarity.
And vet Powell is not alone.
The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1910-09-13
PENCIL p DIN 7 S

Aren't glad registered, if at the last minute?
Gives fellow a comfortable feeling
The probably did sleep we'll last
night
discovered Mars
dipe for the Gug
enhems
WeIman's transatlantic flight been somewhat post
machine isn't fly far with
e2o sheriffs attachment
John Bull! Gouds going to
Brsher W. w. Aston. And
Old Johnny can't hel phimseIf, either.
you Mane-the
something doing politics this Of 1870
wndowdresser thrown from horse at Los Angeles and
really August Schfayski de Mundad
girls! al
Mrs Count A. S. de m. do c. S.
They're holding big Atlantic New quaran
telling the difference be
cholera Wow fellow
Of containing cholera germs!
with de!" said the hospital San
Francisco William Powers De it isl said Bill Then they got
will
William! might have head they after
The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1910-09-13
"WOMEN ARE THE LIMIT" DE-
CLARED CANDY, THE LAWYER.

thought Dicky Shelton was living
tremendously beyond his salary,
and that something was bound to
happen. And old Burton narrated
the conversation he had heard be-
tween the Jimmy Bayneses, who
lived in the flat next to him. And
Wonderley told about Mrs. Alling-
ham and her II cooks. BY that time
it was growing late. WOnderley
arose and yawned again.
Il must CO." he announced. 81
can only hope that bunch of Kan
| tippes up at the house has dispersed
without Kidding every reputation
this side of the golden gate"
Your hopes are doomed in ad-
vance, chuckled old Burton, and
the others nodded.
Then WOnderley went home and
told Mrs. Wonderley that he had
been improving his mental facul-
ties in the club library, and that. if
she had been doing the same, in
stead of listening to a lot of mag.
pies besmirching the world and his
wife, she would have been infinitely
better off.
The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1910-09-13

Ninety-six years ago! Put your
self back all those years and i'm
agine that you are aboard British
warship off Fort McHenry, then
one of the sea defenses of Balti-
more; imagine further that you are
a prisoner of war, and that you had
just taken what might be the last
glance at the flag hailed so proud
ly at the twilight's last cleaning"
Your companion would be Fran
els Scott Key, Baltimore lawyer,
and given to verse writing. You
could watch him as he scrubbed on
the back of an envelope that great
American national hymn, THE Star
Spangled Banner
For it was just SO years ago to-
night Sept. 10, 1910 that Key
wrote the words of that song while
pacing the deck of the British ship
Minden during the excitement Of
the bombardment, when every mo-
ment he feared that the Stars and
Stripes would be forced down in
defeat.
The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1910-09-13
TEN MINUTES I'm .
LAND OF STORIES
TONGUES.
BY Stuart B. Stone.

Wonderly yawned from the
| favorite corner at the Spectator
| club q
| Just been driven from my own
| home by the gentler sex in eXecu-
| tive session with Mrs. WOnderly,'
he remarked. "Woman's suffrage
home bridge-Brownin 6
-something or other. Great day,
you ought to have heard the clack-
ing of tongues"
| The gang nodded from bald
ruddy, old Burton, who never spoke
to 90 women, to Schelley- Forbes,
who had married and divorced
| three
"Women are the limit" declared
Candy. the lawyer. Been gossiping
since Eve told on the serpent in the
Notwithstanding regulations
spreading scandal - dissolving
homes-estrangin friends
There was another general shak-
ing of heads.
"Gossip's the one great arch
fiend!" declared Wonderley.
and woman is his prophecies"
said Dicky Birmingham, putting the
last word on the discussion.
Again the gang nodded; and
there remaining nothing to be said,
the air grew thick with the blue
gray smoke of reflection. After five
minutes old Burton ended the
| silence.
There goes little Dolly Town
send. They say she and Billy get
along like two Kilkenny cats
wouldn't surprise me-"
He was interrupted by three
eager faced, shrill voiced clubmen.
"Billy's already been to see law
YER" trembled SchelleyForbes.
81 understand the petition has
been filed" quavered Wonderley.
They'll both be married again
within three months" prophesied
Dicky Birmingham.
The others drew their chairs
closer. The conversation became
general and clamorous, clashing,
Earring. losing conference.
They do say"
"They tell me"
Reminds me of the Fuller-Hamp'
ton case" suggested Jakey Coombs;
and he went into 80 minute nara
ton of alimony, correspondents, in
compatibility, temperament DEGREES
and care Of children.
But that was due to Hampton's
drinking" spoke up old Burton. DO
know hear Tom Vanmeter is going
straight to the demnition dogs from
looking too much on the goblets."
SOS Willie Deane," put in Schel-
ley-Forbes.
"And Charley Thomas"
"And Dandy and Darlington"
For five minutes silence reigned
again. while the gang smoked
fiercely. Then Wonderley spoke.
II understand they have the dead
proof on the Willie Woods cheating
at bridge"
"There are a lot of others that
haven't been caught" volunteered
Dicky birmingham.
"Well. I should say" confirmed
old Burton. "If I told what saw at
the Deerings the other evening"
We'll, tell it." commanded Won
derley.
Let her rip"
Old Burton let her rip. 1t was
good for Is minutes more reflective
smoking. Then Schelley-Forbes de-
clared that he has heard II intim-
ated that there was considerable
talk to the effect that .ots of people
The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1910-09-13

The following morning he was re.
leased-not until after he had salts
fled himself that the flag was still
there-and returned to Baltimore
On the way he added to the verses
and made some minor changes and
sent it to the Baltimore American
That paper printed the words In a
special edition which sold quickly
in the streets, and before night was
being sung by half Of the inhabi-
tants of that city to the air OF
"Anacreon in Heaven"
The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1910-09-13
PRESSOGRAPHS

A certain captivating young girl
IN Spokane had her fortune told
some time ago. The woman of
magic powers told her that she
would be married within six months
TO a tall, dark young man, with
rather a high forehead. The time
il almost up and the man of like de-
scription is a regular visitor to the
beautiful home. Everyone is wait
ing for the announcement. OF
course, we don't believe in fortunes,
"A charming girl with an abun-
lance OF yellow locks. who is a gen.
nral favorite among the officers at
yort George Wright. is very much
nsitated at the present time as to
What she would do II equal suffrage
Vas won and American women ever
went 10 war She isn't coward.
md isn't worrying how she will
The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1910-09-13
WOMAN PIONEER DEAD.
(By United Press Leased WIre)

TACOMA. Wash, Sept. 13.-Mrs.
Edward Higgins. 70, pioneer of
the northwest. widow of one of the
factors of the Hudson Bay com
pany, is dead at her home in this
city. Mrs. Higgins, with her hus-
band, came to Fort Nisqually In
1859, Higgins making the journey
over the old Oregon trail to take
charge of the Hudson Bay com
pany's post. or
Mrs. Higgins was one of the sur
vivors of the last voyage of the his
toric steamer Beaver. L'a
The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1910-09-13

face the din of battle, but she wants
to know how in the world she will
be able to get up and dress her hair
in the 10 minutes allotted a soldier
from the first call of the bugle to
the time of ensemble. Cheer up.
We women may have our heads
shaved by that time.
How many young men in this city
possess a spark of romance these
days? How many are really brave?
Eth. A yyoung man on the street
was heard to make the remark the
other day In connection with SEN
sational love tangle recently aired
In Spokane, Il would rather be q
dead coward than living hero"
The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1910-09-13
Where Telegraph Trusts Toll Not

The telegraph service in Italy has been overhaued i'm
nroved and extended And rates. already less than those
in the United States lowered
The rates to be charged hereafter are as follows for
messages: $3.50 -
SENT ANYWHERE WITHIN THE KINGDOM:
Ordinary telegram, minimum 10 words ll1s CENTS with
1 10 cent for each additional word.
And fair profit upon actual money invested is being
made
The Italian government and controls every tee-cs
graph wire in the country.