davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-03-19

his proceeds Of the crop in lieu o
such blowing. The cropper or ten
ant did not plow the land. Th'
owner of the land brought an &C
ton against him for a recovery o
the money to be paid in lieu of tn
blowing, and recovered judvment
and the cropper paid the same to thu
owner of the land, TIE plaintiff i,
suit. The defendant pleads as {
counter-cla'm to the amount due or
a mortgage given to the plaintiff fol
the purchase price of the land, the
amount paid to plaintiff, which he
claims should have been paid to him
Held:
l. That the collection of the
money was wrongful on the plain
tiff's part
2. That the defendant is entitled
to recover it as money hal and re-
ceived which in equity and good con-
science should mot be retained and
also under Sec. 1902, r. c. 1905.
g. That iefen 1ant is entitled to
recover same in this action notwith-
standing there was no express pro-
mise to pay the same by the plain
tiff.
4. That the money to be paid if the
blowing was not done WAS compen-
sation for the use Of land or rent,
and passed to the defen 1ant as in
cident to the deed, although the
technical relation of landlord AMI
tenant may not have existed be-
tween the parties to the contract.
5. Whether the contract was a
lease or cropping contract, not de-
cided.
'tSyllabus by TIE court.)
Appeal from the district court of
Foster county, Burke, J.
Action to foreclose a real estat
Judgment for plaintiff;
plaintiff appeals.
Affirmed. -
c. B. Craven. for appellant.
7. F. McCue. correspondent.
Opinion of the court by Morgan
C.%%.J., all concurring.
Mary Elizabeth Boyle, Plaintiff and
Appellant. VS.. John Boyle, Defend
ant and Respondent.
1. Where the district court makes
IN allowance for counsel fees in a
tnal decree denying a divorce to the
wife, who is plaintiff, and granting
| divorce to the husband, and the !
wife appeals from the Judgment and |
demands a review of the entire case /
n the supreme court under Sec. 722
i. R. c. 1905, and while such appeal
S pending the wife's attorneys I'M
accept the sums AZ !
owed by the district court for costs
nd counsel fees, such acceptance
8 waiver of the appeal, emitting
Re respondent to a dismissal there
f.
2. An opinion of the trial Judge is
OF to be considered as explanatory i
final judgment.
(Syllabus by the court.)
Motion to dismiss appeal.
Granted.
Palda, Aaker, Greene & Kelso, for
Re motion.
Sinkler & Heder, contra.
Opinion of the court by Morgan,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-03-19
BABY'S SCALP ALL
.JCRUSTED OVER
With Eczema That Broke Out when
but Three Months 0Id-Burned
and |tched So She Could Not Sleep
Chance of Cure Seemed Slight.
CURE BY CUTICURA
EASY AND COMPLETE

"Our little daughter, when threo
months old, began to break cut on tho
head and we had the best doctors to
treat her, but they did MT do her any
good. They said She had eczema. Her
eyes became crossed from tHo disease
and her scalp was solid scale all over.
The burning and itching was SO severe
that she could not rest, day or night.
We had about given up all here's when
We read ar, advertisement CT tho Cuti-
Of CuticGra Soap, q box Ct Cuticura Oint-
ment and ono bottle Ct Cuticura Rcsolv-
ent and followed directions carefully.
AT ter the first dose cf the Cuticura Re-
solvent, VIC used the Cvticura Scap freely
and applied tho Cuticura Ointment.
Then she began to Improve RAPIDLY. and
in two weeks the Ccalo camc of her head
and new hair began to grow. In very
short time she vas well. Her eyes were
perfectly straight when she recovered
and have been so ever since. She is now
sixteen years Of age and is a picture OF
health. We know tic Cuticura Rene
dies cured her and have used them in
our family ever since.
I'VE used the Cuticura Remedies
about five weeks, regularly, and then
we could not tell she had been affected
with any disease. She suffered with
burning and itching and hard, scaly,
dandruff- looking -scabs oil over her head:
and in places on her body. Wo used no
other treatments after we found out what
the Cuticura Remedies would do for her.
]. Fish and Ella NJ. Fish, Mt. Vernon,
KY, Oct. II. 1900"
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-03-19

Augusta Braatz, Appellant, VS.. City
of Fargo, Respondent.
1. Plaintiff, while walking on the
sidewalk along the south side of
Front street where it intersects with
Eleventh street in the City of Fargo,
became frightened by the whistle
of bicycle rider who approached
suddenly from the rear and she,
without looking, stepped off such
walk and into a drainage ditch or
gutter which ran un1er such side
walk at that point, receiving injur-
les. In an action against the city
to recover damages for such injury
she alleges that such city was gull
ty of culpable negligence contribu-
ting to cause her injury, first, be-
cause it suffered weeds to grow in
and about such ditch to such a
height as to obscure the same from
view; and, second, in not placing
cover over such ditch or a railing
or guari along the edge of the walk
at said point.
Held, that from plaintiffs own
testimony it appears that the pres
ence Of the weeds in no manner
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-03-19

lily of another within the meanin
of subd. of Sec. 6838 r. C. 100
relating to service of process.
Held, for reasons more fully stat
ed in tie opinion. that such attempt
ed service of notice was of no val
fdity or effect.
2. There being no legal service o
the notice of expiration of time 70
redemption from the sale. the coun
ty acquired no title through it's Ger
tificates, but merely retained a liel
on the land by virtue of such certi
ficates.
3. Consequently the county audi
tor, by auth ority of the county com
missioners, attempted to convey sale
land and other land by deei to H
B. L. Co. and the latter thereafter
attempted to convey the same to de-
PENDANT.
He'll, that the county having NJ
title none was conveyed through
such deeds.
4. In addition to the sum paid b,
the H. B. L. Co. to the county as
consideration for such deed the rec
ord iiscloses that said land company
paid to the county certain taxes fo1
subsequent years on such lands :.
defendant has paid taxes thereon for
certain other years.
Held, under the facts, that in
equity defendant is subrogated to
the lien of the county for all taxes.
interest and penalty paid by him or
his grantor to such county and that
plaintiff will be granted the equita-
Bile relief prayed for only on condi-
tion that he first reimburse the de-
fendant for all sums thus paid, on
the principle that he who asks equity
must first do equity. e
(Syllabus by the court.)#
Appeal from district court, En-
mons county; w. H. Winchester, ]
Action by Alexander Mckenzie
against Carlos N. Boynton. From
judgment in plaintiffs favor. de-
fendant appeals.
Modified and affirmed.
Cochrane & Bradley, Newton &
Dullam, for appellant.
Lynn & Coventry, for respondent.
Opinion of the court by Fisk, j.,
all concurrfng.
J. E. Martin, Plaintiff and Appel
liant, VS.. Jesse E. Roger and Lo-
vine Roger, Defeni ants and Re-
spondents.
Under contract whereby the own
sr Of land agreed to let the same to
to be farmed on shares
pursuant to a written contract, the
esses or cropper went in possession
# The land for cropping purposes.
and before any rights
lnder the contract hal accrued to-
he owner of the land, he conveyed
he same to the defendant without
ny reservation as to matters con-
ected with the contract. There
we're 235 acres plowei ON the land
vhen the contract was entered into
n the contract it was agreed that
he same number of acres should be
lowed after the crop was removed,
r If the owner did not desire to
ave the blowing done, the cropper
hould pay him 51.25 per acre from
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-03-19

For preserving. purifying and beautify-
ing the skin, scalp. hair and hands; for
eczemas, rashes, itchings and chafings
and for the prevention CT the same; a.
well asfor the sanativc, antiseptic cleans-
ing OF ucerated inllamed Mucous sur
themselves to women, Cuticura Soap and
Cuticura Ointment are indispensable.
Cuttcura Soap (25c to Cleanse the Skin Cut,curs
Ointment t50c) to Heal :hc Skin and Cuticura
o 10 Ss Bood sr
sold throughout the world. Potter Drug 4 Chem.
Corp. Sole Props. 1876 Columbus Ave-. Boston. Mass
~ Mailed Free. 32-rage Cuticura Book, COM
plete Guide to the Treatment OF Skin and Scalp.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-03-19

president; the Chicago and North
western, the president of which is
Marvin Hugihtt, and the Great North
ern, headed by Louis w: Hill, son of
James J. Hill. Others on the long
list are the Union Pacific, the Mis-
souri, Kansas and Texas and the Chi
cago, Rock Island and Pacific. At the
head of the disaffected workers is
w. S. Carter, president of the broth
erhood, who is assisted by most of
the country's organizers of railroad
men. The points. in dispute are in
crease in wages, the right of the
union in questions of representation
when a firemen has been promoted
to an engineman or to another po-
sition over which another union
claims jurisdiction and questions of
seniority, or the promotion of new
men over old time employees.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-03-19

Chicago, March 1S.-(Special)-
The complete tying up of every rail-
road in the west was predicted here
as the result of the strike vote of
the Brotherhood of Locomotive Fire
men and Enginemen, the membership
of which is estimated between $4,000
and $4,000. Forty-nine railroads,
with a total length of about $780, 900
miles, are affected by the differences
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-03-19

between the roads and their men.
The total mileage of the country is
234,O00. Among the big roads whose
men voted to go out are the Atchison,
Topeka and Santa Fe, E. P. Ripley,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-03-19

CONTINUED on Page Six.)
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-03-19

G. j., all cOncurring, except Ellis
worth, j., dissenting.
The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1910-07-08

w. c. Osman, tue watch repair.
ing, Doyle Building.
The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1910-07-08
PROGRAM OF EXAMINATIONS
COMMON SCHOOL CERTIFICATES

At Duluth, Central High School Conduct
or, S. w. Gi1pin; Eveleth, High School
Conductor, N. A. Young; Hibbine. High
School Conductor, Herbert Blair; Tower
High SCHOOL, Conductor, w. II. Cartwright
August LIST, End, and 3rd, 1910.
Monday, August LIST First Grade Studies)
A. M-s:oO, Enrolment; $3.50. Geometry o,
Agriculture: 10:15, PHYSICS; P. MI 30
Algebra: 3:15 Physical Geography or Gen
eral History.
Horticulture may be taken at some one
(only one) of the above periods, and may
be substituted for either Geometry OF
Physical Geography
Tuesday, August End (Second Grade
Studies). A. M.-S:W, Enrolment; 900, Spell
ing; $50, Arithmetic; P. Mile, Geography
2:45, Composition and Penmanship; $40
Reading.
Wednesday. August 3rd (Second Grade
Studies Continued). A. M.-S:00. U. S. Hist
DRY; 9:45, English Grammar; 1850, Music
P. MI: is, Physioloey-Hygiene ;2:45. Civics
400, Drawing.
All candidates for certificates should
correspond with the Office of the county
superintendent concerning the Reading
Circle requirements; Teachers desiring
to have certificates renewed should secure
application blanks from the office of the
county superintendent.
S. W. GIPN,
County Superintendent.
The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1910-07-08
WILL M NOT RUN FOR STATE SENATE
James ?. Boyle RscoasideIs and viii Con.
l.. tinue as Assistant County Attorney.

James P. Boyle, of Eveleth. has
rsconsidered his decision to enter
the race for the republican nominal
ton for the state senate, and az a
result his resignation as assistant
county attorney was merely tabled
without action at the meeting of
board of county commissioners
yesterday.
Mr.. Boyle has been an active and
efficient assistant to the county
prosecutor, practically attending to
the constantly increasing range
business of the Office in it's entirety
in manner which has brought de.
served praise and has led many of
his friends to hope he might be in
duced to place his name before the
people as a candidate for the re-
publican nomination for county at
torney-where he would receive the
EN- oluments and encomiums of the
office as we'll as the work.
The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1910-07-08
Notice Relating to Vacation
of Roadway.

Notice is hereby given that the Virginia
& Rainy Lake Company and others have
filed with the city council, a petition ask
in & for the vacation of a certain roadway
extending from the southeast corner of
section 7, town 49, range II, westerly along
the section line between said section and
Is. to its intersection with the right-of-wav
of the Duluth, Missabe & Northern Silver
the center line of said section Z, within the
limits of the city of Virginia. and that said
petition has been filed in the office of the
city clerk of Virginia. with plat showing
the roadway proposed to be vacated: said
petition setting forth that by reason of
nineteen railroad tracks crossing said road
way and by reason of the close proximity
of lumber piles, buildings and other OBJ
structions which obstruct the view, by
travellers along the roadway, of approach
ing trains that said roadway is dangerous
and unsafe for public travel; for more par
tlculat information, examination may be
made of said petition on file as stated,
Further. that on Tuesday. Aug. 2. 1870 in
the Council Chamber in the City Hall at
Virginia, MIMI, the City Council will in
vestigate and consider said petition and
will hear the testimony and evidence on
the part of all persons interested and ap-
pearing, and thereafter will make such ad-
justment of the matter as may be proper.
Any and all persons interested or wishing
to be heard are notified to be present and
appear at the time and place above des-
ignated.
BY order of the City Council of Virginia
Mimi.
ALBERT E. BICKFORD
GA 7-15. City Clerk
corporate Seal.) Virginia. Minn
The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1910-07-08
4 SpotIess Reputation.

Circuses come and circnses 90.
They come like the proverbial Arab
who came in the night, stayed all
day, folded up his tent at night
again and was gone.
Certain territories in the United
States have their particular show.
That is, in different sections of the
country some shows are better
known than others, aud in still 9TH
er sections shows have played over
the territory 80 often that it's like
the travelling salesman who comes
around monthly and takes orders
from the home merchant
And isn't it relieving 10 have a
stranger come along occasionally!
Especially one who has never been
in your town, but if treated right is
a booster for you, and comes back
again; the next time with more
goods, of better quality, and the
knowledge that his visits are well
coined.
Campbell Bros shows are max
ing their first tour of California.
Although being the largest indie
pendent circus in the world, and
having travelled in every other state
and territory in the union they are
as yet new to this state. And they
will be for some time to come, be.
cause the show is esta blishing a
reputation for itself of being hon
estly advertised and honora bly, con-
Quoted, right now, through South
ern California. The San Bernardo
no, San Diego, Santa Ana, Santa
Barbara. San Luis, Obispo and
many other newspapers say that
the show is the goods, as do the
mayors and city officials of each
town. Al of which means there is
something new beneath the sun
and that when you see the show ad.
vertised that that is the one you
read of and that has spotless rep.
utation wherever they have been.
The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1910-07-08
MISS oBERG QUEEN OF THE CARNIVAL
Makes Dashing Finish and Is Presented
With 5000 Diamond Ring for Her
Ability to Get the Coin.

A dashing finish marked the close
of the contest for Queen Of the Car.
nival Wednesday evening, the last
count at 100 o'clock that evening
showing Miss EeIia Oberg several
thousand votes to the good, the fin.
al accountas given being az follows:
Helia OberG 37,S45
Mary Mesbery - 23,62O
jessie TcNe'I $1,000 --- G.2l2
Miss Obery Was thereupon pre-
scented with the beautiful diamond
ring which has raced the window
at Savolainen's ewelry store for ten
days past, was duly proclaimed as
Queen of the Carnival and given
the attendant. privileges for the last
two days of the show.
The ballot boxes in the various
stores were closed at 400 p. M Wed
nesday, at which time Miss Mes
berg was shown to have a decided
lead, one box being stationed on a
platform in the street until 100 d.
m. when it was opened, the count
showing that Miss Mesberg had
added some 1900 to her count in
the last three hours while Miss
Oberg had added a trifle better tina n
$4,000 in the same time.
Zach of the contestants are emit
tied to much credit for their work,
and while Miss Mesberg failed to
capture the brilliant together with
the attendant glory her efforts are
to be rewarded by the presentation
OF far more expensive ring by her
parents, already purchased and
sent away to be mounted.
AS each hundred votes recorded
indicates dollar headed toward
the pocket of the Carnival company
and as several starters dropped out
OF the race with small amounts to
their credit, it does not take mas
ter of high finance to figure out
that the citizens of Virginia gave
the company pleasing bonus in
addition to the price of the stone.
The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1910-07-08
Alderman Makes the 'Hieh Dive.

Alderman NOLAN, of the Third
Ward, had heard 80 much of the
diving girls before their arrival in
the CITY that he concluded to make
little record for himself in the
diving line and in accordance with
his intention in company with At
torney Smiley hied himself to cool
pond over the hill on Saturday after.
noon and prepared for the leap for
life. He made it, but failed to have
a 10000 gallon tank of water handy
to break the fall with the result that
his head struck something harder
than Jeffries' famous right, carving
several gashes in his scalp. He was
at once taken to the Lenont Hospital
where seven stitches assisted in put
ting him in presentable condition.
In future when Fred attempts the
high dive or any of the other car
nival dope he will see that the stage
settings are right.
No More Bed Bugs.
If you are troubled with bed bugs
use Wirth's Bed Bug Killer, relia-
BILE preparation guaranteed to de-
stroy them.
25c bottle at all drug stores.
Manufactured by
WIRTH CHEMICAL CO.,
Duluth, MINI.
Sodergren's Drug Store.
ga Pm
The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1910-07-08
0rpheum Closed Until August 18th.

Vim. Swendby, the genial man
ager of the Orpheum Theatre, has
this week closed that popular place
OF amusement, due to the enormou
increase in business caused by the
advent of the Carnival.
Mr.. Swendby states that his aver
age daily expense is about $1,000,
and says that coincident with the
advent of the big show which has
held not only the boards but the
streets of the city during the week
his receipts were cut to a point
where some days he could not lay
up cent and on other days lost
money. In consideration of this
fact he concluded to close up shop
tor time, giving the populace an
opportunity to partially replenish
their depleted purses. He expects
to reopen the place about August
18th.
The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1910-07-08
" edded al Duluth.

The wedding of Miss Corrie Louise
Barrett, daughter of Mrs. Caroline
Barrett of this city. and Ralph Hen.
ry Canaday will take place this
evening at St. Paups Episcopal
church. The service will be read al
3 o'clock by the Rev. r. S. Read
with only the relatives present. Miss
Bertha Canaday of Winchester, Ind.
sister OF the bridegroom, is here
tor the wedding, and DR.. Frederick
Barrett of Gilbert and George Bar
rett of St. Paul, brothers OF the bride,
will also be guests at the wedding.
Mr.. Canaday and his bride will be
at home after Aug. Is at 1912 East
Third street.-Duluth Herald, Sat
urday.
The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1910-07-08
MEETS DEFEAT IN FIRST SERIES
Virginia Loses Two Out Of Three Games
With Two Harbors Base Ball Az.
gregation,

In the initial series of the season
with the Two Harbors ball team on
Sunday, Monday and Tuesday, Vir-
ginia booked losing in tightly
and we'll played game Sunday by a
score of 8 to l, won loosely played
game on the part of the visitors
Monday by score of to l, and lost
the third of the series Tuesday by a
score of 9 to3.
The new grounds and the fact
that no two of the local players had
ever scarce met on the diamond is
sufficient excuse for any lack of
concerted playing, while the fact
that owing to the short notice given
in which to secure initial players
practically confined the selection
of players for these games to a
limited number.
Manager Carey is in communica-
ton with additional players, how.
ever, and will shortly have in the
field an aggregation fully compe-
tent to defend Virginia's honor on
the diamond at every stage.
The next game will be with Hib.
bling at the Hibbing park on Sun
day, special train on the Great
Northern at loo o'clock being pro-
vided for the accommodation of
Virginia fans, of which there are
many as evidenced by the crowds
at the first two games of the series
on the home grounds the past week.
The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1910-07-08
0D|N HALOEN, AUDITOR OF ST. LOUIS COUNTY.

Auditor of ST. County Halden wishes
heartfelt gratitude the people this County
the to this thank
votes but for splendid had
looking people
Feeling public
gained
held September oth and pledges his
will
his
gained through
largest County United
The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1910-07-08
Swedish Lutheran Church,

Sunday, July 10, services at 1890
a. m. Sunday School at 2 p. m.
Choir rehearsal on Tuesday and
Thursday evenings at 8 o'clock. The
Young Peoples Society will hold
its meeting Thursday evening, July
IA, at the church. Everybody is cor.
daily invited.
The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1910-07-08
c. Il. GRAHAM,
Republican Range Candidate for County
Superintendent Of Schools.

Mr.. Graham is one of the oldest
practical school men on the range
today, is thoroughly acquainted
with the conditions and REQUIRE
ments and is in sympathy with the
rural schools which require more
attention.
Mr.. Graham was principal OF the
Aurora schools for four years and
has been very instrumental in
bringing them up to their present
high standard. He will be candi~
date for the nomination of county
superintendent of schools before
the republican primaries.
The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1910-07-08

For SALE.-A six room house on
Maple street. Sewer, water, light
Call at 306 Maple St. or at First Ma
tional Bank. Nv
The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1910-07-08

If you want cedar posts for fenC
ing of building see F. J. Hughes.