davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-27
OREGON SUPREME COURT DECISIONS
Full Text Published BY Courtesy Of F. A. Turner Reporter the
Supreme Court

the plaintiffs in order to sustain the
allegation of a license duly issued to
show that notice of the original ap-
plication had been given to the land
owner where the ferry was proposed
to be kept. In brief it was incum-
bent upon them to duly prove their
original license as a foundation for
the alleged renewal 1t is conceded
throughout the case that the plain
tiffs do not own the land where the
ferry is located on the Oregon side.
To form proper foundation for a
proceeding to obtain a license the
petition to the county court should
either show that the petitioner is
the owner of the land at the point of
embarkation of the proposed ferry
or he must, if not such owner, bring
himself within the exceptions of the
statute that the landing place is at
the end of street in an incorporated
city or town or that the owner of
the land has neglected to apply for
a license and the latter exception
should be coupled with proof that the
land owner has been served with no.
tice in writing of the proposed appli-
cation. Moreover, it is a uniform
requisite to the jurisdiction of the
county court in such cases that some
showing should appear in it's record
that notice of the application was
given by posting up the same in at
least three public places in the neigh
borhood where the ferry is proposed
to be kept for 20 days prior to the
time of making the application. The
record is silent respecting any such
notices. An abortive attempt was
made by oral testimony at the trial
to show that some notice was given,
but that would not aid the record of
the county court. 1t is essential to
the jurisdiction of the court that the
notice should not only have been
given, but that proof thereof as re-
quired by law should be on file in
that. court before it proceeded to act
The recitals of the record on the re-
newal Of the license are not sufficient
to show that the court had jurisdic-
tion in the original instance.
1t is not necessary to consider the
question of whether the county court
of Wasco county could license a fer
ry crossing an interstate boundary
or any of the other questions in this
case. The plaintiffs have failed to
establish the essential allegation of
their complaint, to-wit the owner
ship of a duly licensed ferry. The
case is within the meaning of State
v officer, Or. 1S0. where the defen-
dant was indicted for obstructing
county road and on plea of not
guilty it was held to be incumbent
upon the state to show affirmatively
that the county court had jurisdic>
ton of the person and of the sub
ject matter affected by its proceed
tngs in laying out the county road
and the record being defective in
that respect no. cause of action ex-
listed against the defendant for OBJ
structing the supposed highway.
A decree will be entered dismiss
ing the suit.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-27
Chapman, ct al, V. Dean, ct al, Was
CO County.

Winfield S. Chapman and Charles
D. More, appellants, V. o. c. Dean, A.
Pearson and A. Shepley, partners do
ng buiness under the firm name and
style of Dean & Pearson, respond
ents. Appeal from the circuit court
for Wasco county. Hon. w. L.
Bradshaw judge. Argued and sub
mitted April IL, 1911. Carter & Du-
fur and H. H. Riddell, for appellants.
A. A Jayne and w. H. Wilson. for
respondents. Burnett, ]. Reversed.
The plaintiffs, alleging that they
are the owners in fee simple as ten
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-27
SUPREME COURT PASSES
ON A FERRY BOAT OR TWO

It Does Not Cross the River Them But lust Establishes
Their Status Tells the Owners About the Necessary LCen-
ses, and in Fact nStructS Them How to Run Ferry Boat
and Manage Its Landings, Besides Fuing Sails ,Reefnu
Its Anchor Chains and Other Nautical Matters
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-27

all seasons of the year when the
stage of the water in the Columbia
River would admit thereof. whereby
an easement was and is established
in favor of the public, and the use
thereof by the defendants and about
which the plaintiffs complain in their
complaint herein is the use by the
defendants and the public taking
passage on the defendants boats, as
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-08-31
HANNA.

f. j. Reynolds leR Monday OF
a business trip to Portland, Ore,
gen, he did not know just when
he might return.
Mr.. Tucker and daughter OF
Boise were on the bench Monday
They were well pleased with the
condition of the ranches around
Hanna.
The Christian Endeavor Society
held their watermelon social at the
Wayman home Monday evening.
Mrs. A. l.. Young has been en-
gagged to teach the Hanna school
for the coming term. 1t will not
be long until school begins.
There will be a temperance lee
ture at the schoolhouse Thursday
night Better come.
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-08-31
Pearl Has Great Future.

"The people of Boise do not rea
lie the worth and magnitude OF
Pearl as mineral producing section
said E. E. Rodgers at the Idanha
last night. Mr.. Rodgers, who is pres
dent of the Black Pearl Mines cor
poration, was noncommittal regard
ing the camp except to add to the
above that the values of the various
properties there had been underes-
timated that the yield of yellow
metal from that district in the flu
ture will speak in undeniable terms
in support of the camps worth.
The Black Pearl property is known
as the best developed mine in the
state and one from which gratifying
results may be expected. At pre-
sent the company has at least 49,
900 teet of underground work and
is equipped with the latest machin-
cry. C. c. Stinson, also interested
in mines at Pearl, was an arrival
IN 'ue city last night for a few
days business visit.-Statesma
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-08-31
NEWS Of TWO COUNTIES
The Weeks Contribution from In
dex Reporters and Other
Sources.
RAM WELL

Joseph Allen IL working for tn,
Idaho Northern railway. excayatini
for the cement conduit that is e
handle the flood water in the bis
arroyo near the Model fruit farm.
The youngest child of b. C. Ber-
tleson was found floating down
the Enterprise canal on Sunday last.
The child was found by Mr.. Will
son. who lives on the Nichols
ranch. and when taken from the
water. life was nearly extinp, and
1t was with great difficulty that the
child was saved
Mrs. Nose Head Of eastern Ore
gon is visiting at thhe home of Will
liam Burns
Maud Cross returned Sunday
from weeks visi tat New Ply
mouth.
Don't forget the school picnic
on Saturday. September 9.
Word has been received from La
Grande that the Mormon confer
ence would be held entirely at EN-
mert, and not at Bramwell on Sat
urday. September - and at EN-
met on Sunday. September as was
first announced
A temperance rally will be held
at the l.. ID. S. chapel at Bramwell
on Friday evening, September l. Ca
pable speakers are promised and a
good time expected.
Don't forget the temperance rally
to be held Friday evening at the l..
d. S. chapel at Bramwell
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-08-31

ME Anderson composed party that
have been camping at Dry Buck
several weeks. They returned to
their home at Parma last Monday
The families of Lon Phillips.
Clyde Phillips and Elmer Bowman
returned Sunday from an outing in
High valley.
Dr. Clark and Mr.. Munson of EN-.
nett passed through here one day
last week flom the upper country.
J. Kyle, who has been working in
the Dechambeau sawmill, has re-
turned to Emmett to attend school.
Mrs Ollie Francis and her little
daughter returned to their home
at Sweet after several days visit
ing in this vicinity.
Miss Mary Jones is employed at
the boarding house at the De-
chambeau sawmill
George Boone of Missouri, for
merly of Emmett, is putting in a
sawmill near here, where he has
some timber He is being assisted |
by Joe Reed.
Miss Abba Skippen has been en-
oloyed as teacher by school board
and her term will begin in the first
week in September.
Mrs c. NJ. Henry and baby have
,een on the sick list, but are i'm
'roving at this writing.
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-08-31

Misses Goldie Hull and Mabl,
Crank were Letha visitors last
week.
Miss Nance Harris took dinner
at the Guthrie home Sunday,
Mr.. Blom will preach at the
schoolhouse next Sunday. There
will also be a Missionary program
in the evening Everyone is in
vited.
Mrs. Keppler has been quite sick
lately. However, we are glad TO
report her better now.
The Sewing Club met with Mrs.
Bryan last Thursday.
II. Haylor made a business trip
% Payette Monday. returning Tues
lay by way OF Nampa
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-08-31
DRY BUCK

Mr. and Mrs. II. Haveren return.
ed Saturday from visit on vii
| low creek
Mrs. Fred Zimmerman and her
two children are visiting in this
vicinity Her husband is employ
ed with power company at Pay
cite, where she will return after
her visit
Mrs w. II. Davidson is doing a
profitable business in her bakery
and is a great convenience to the
travelling public
Mrs. Dills is having some i'm
provements made to her residence
during her absence in Denver.
Parties report a splendid time at
a dance given by Mr.. and Mrs.
VIM Montgomery last Saturday.
Joe Davidson is clerking at the
Dry Buck Mercantile Co. store, but
will shortly leave for Emmett to
attend school
Arch Willis, wife and child, Fred |
Mabel Anderson and MINI
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-08-31
Whist to Do When Somebody Faints

Whist to DO When Somebody Faints
DR.. Jean Williams, writing THE
Doctors Page" in the September
Woman's Home Compartment tells
about Emergencies and How to
Meet Them" She takes up shocks,
hemorrhage, broken bones, sprains,
convulsions, and so on. If somebody
| taints this is what to do: IF
| due to the effect of bad air in a
close room or the shock of hearing
bad news, loosen the clothing of
the patient, sprinkle cold water on
the face and chest, put a cloth,
wet in very cold water, at the
back of the neck, and lay the pa
tient down with the head slightly
lowered. If the victim happens to
be sitting upon chair, or has fall
len back upon one in an insensi-
BILE CONDITION, grasp the back Of
the chair down near the seat and
tip 1t back slowly, until the head is
well lowered and the lower limbs .
elevated. This treatment. and suf- |
ticiemt fresh air, will, as a rule,
restore consciousness quickly. 1t
is wise to administer stimulant
such as aromatic spirNs of amonia.
if obtainable; twenty drops in a
teaspoonful of water is dose
which should be REPEATED in ten min
utes if necessary"
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-08-31
HORSESHOE BEND

Earl Shelly and Hazel Clevingei
were married at Boise last weel
and have begun housekeeping at tn,
Bend. Everyone joins in wishing
these estimable young people q
prosperous happy life.
Andy Thompson ofQuartzburg has
bought the John Fenton ranch on
Porter creek.
Mrs. Paterson of the Bend, visit
ed in Boise last week.
Browns supply camp No. 3
has been located at the mouth of
Porter creek, and Mr. Regain, who
has the grading contract just above
that. is pitching camp on Mrs. De-
Clark's homestead, across from Je-
rusalem. This means that work will
begin in that section Immediately,
when has been delayed by settle
ment of one or two rights of way.
John Quinn has bought new
piano. Doesn't that point towards the
establishment of new home?
Miss Schab, who has been visit
ing her brother. one of the survey
ors at the Thompson ranch, has
returned to her home in Washing
ton, d. C..
The Black CanyonCanal surveyors
have moved camp farther up the
river. They will soon be at Pay
site Lakes. where they will remain
Or the balance of the year.
Jdlius Chandler from Oregon. a
on of Mrs. Beuton by a former
husband. is visiting relatives here.
te is so much impressed by our
Innate, soil, etc. that he is
ooking around to locate
Mr.. and Mrs. Butts from Boise,
With friends from Marshalltown,
Hwa, passed through the Bend last
'eek, returning from two weeks
amping trip through Long Valley
D the PayetSe Lakes.
Fred Thompson and his sister Der
la made a trip to Boise this week.
Geo. Fault has returned from his
line at Quartzburg, for a short vi
I with his family.
Mrs. Quinn has returned from q
sit to the Basin, among her 7
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-08-31
A WOMAN'S BACK
The Aches and Pains Will Disappear
if the Advice OF This Emmett
Citizen is Followed.

A woman's back has many ache!
and pains.
Most times It's kidneys fault.
Backache is really kidney ache:
That's why Doan's Kidney Pills
cure II.
Many Emmett women
Read what one has to say about /
Mrs. w. NJ. Ames, Park SITS EN-
nett, Idaho, says: II was trou-
BLEED by kidney complaint. | had a
dull pain across the small o. my
back and was often subject to
headaches and dizzy spells. felt
tired all the time, was neryous and
had trouble from the kidney secre-
tions. Seeing Doan's Kidney Pills
highly recommended, / procured
supply and their use, gave me re-
lief in a remarkable short time. |
know that this remedy can be re-
lied upon 20 bring relief from kid
ney trouble"
For sale by all dealers. Price 5
cents, Foster-Milburn Co., Buffalo,
New York, sole agents for the United
States.
Remember the name-Doan's-
and take no other.
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-08-31
sid friends and relatives.

Jim Kennedy was operated on for
appendicitis last Friday evening by
Drs Byrd and Cummings. at his
brothers. home on Brownlee Greek.
At last reports he was doing well.
Miss Mary Quinn has two cousins
visiting her from the Basin.
Miss Mary Reid of Jerusalem Is
quite sick in the hospital at Boise.
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-08-31
LETHA

leo EWING mas sofa MS land II
Oregon He intends investing furthe
and improving his present holding!
here.
A. e. Pomeroy has been away TAX
ing a much needed resi- and va
cation for the last week, getting
ready for the fall work.
The Valley View Sunday school
spent very pleasant Sunday at
Rev Wampler's August 81, holding
their services in the shady yard,
having preaching and Sunday school
after which a line basket dinner
was enjoyed. There were 68 pre-
sent.
Henry Frint will leave on Thurs
day for Weiser, where he will at
tend the Industrial college, al
the neighbors intend giving him
little surprise by taking refreshment
in one hand and a bundle of ad-
vice in the other and spending the
evening at his home, and he will
probably accept and enjoy the re-
fresh ments, if not the advice.
Mrs. A. E. Pomeroy expects to
go to Payette this week for few
days visit with friends and reIa-
tiNas.
Fred French and family of New
Plymouth visited PomerOys and
Ewings Sunday. Miss Florence re-
NAMED
Rev. Mccormick left Sunday for
Kan. where he will pick
up a bachelor girl for a life's march
after completing his course in
university.
T. b. Wadleigh spoke here Mon
Day evening on the wet side of the
question. After the ad-
iress Col. James Barnard, the prin
,ipal wei man here, was asked to
lebate the proposition by Joe
Ricketts,. He refused and the invita-
ion was extended to Wadleigh him
elf, but he refused also. Another
peaker on the temperate custom
;as expected wednesday night, pro-
ably on the dry side. Another Fri
ay night at Bramwell. This last
dry sure. Saturday night we have
box social to defray the expense
f the bridge delegates. Something /
ding in Letha ev@y night this ?
eek.
Last week a merchant from Van
yyck purchased a lot in Letha.
neither he will build or not has :,
Of been learned, nor what kind o. !
merchant he is. The curious
lblic will please inquire of the e
ayor-or detail the editor to =
an Wyck to find out. The re- =
Ater is busy. =
Mrs. Hughes of Fru..la was up d
sitting her parents, Mr.. and Mrs. II
athews of Bramwell Thursday and m
'iday of last week. +,
Karl Kreitzenbeck lie t Tuesday ~
r Boise to take in the circus.
d. J. Wampler is working on a st
chic to be held at Crank's grove re
turday, September 9. He expects Sc
have good speakers on the edu- o.
tional line. is
No preaching was held last Sun u
y evening, but next Sunday morn III
: there will be service at the III
Iderson schoolhouse. Every mem I'd
r of the Baptist church is expect
and requested to be present on W
S special occasion.
Geo. Ewing left Monday for Pay w
e to visit friends and relatives
a week. AZ.
-e-
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-08-31
Making Work Essy.

How many of you sisters ask our
dear Lord to help you through the tri.
ais OF the day when you get up in tho
morning? l do. Try this; II makes
the work easy.-Tennessee Housewife
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-08-31
Look Ahead.

The glorious thought is. after dark
clouds comes bright sunshine. so we
must look to the future for good times
and drop the past.
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-08-31

For light draying and general
delivery, call up r. f. Thomas, phon
74biack. Office at Pastime Cigar
Store.
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-08-31

Some seem TO think II an awful ooo-
rule that will not work both ways for
all II is ever worth.
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-08-31
Revive Use of Oxen.

Maine newspapers report that farm
ers in the Pine Tree state are reyiV-
Ing the pse OF oxen.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1911-08-10
MINT JELLY.

Mint jelly or mint sherbet is the best
compartment for lamb or mutton. To
make this Jelly, pour two cups of boil
ing water over bunch OF frosh bruised
mint leaves then simmer gently for ten
or fifteen minutes. strain and TO u pint
OF the liquid add one package OF currapt
or lemon OF any OF the patent jells. or
half Il package of golatine that has been
soaked in a little cold water reserved
from the amount measured out. Add sugar
to sweeten and lemon juice to make as
acid as desired. stir until dissolved and
set away to cool. AS II begins 10 thicken.
tir in two tahcspooufuls of capers. then
pour into che good sized mould or tiny
individual mouids and set away TO bard.
en-. When cod turn out and garn!sh with
tiny sprigs of fresh mint
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1911-08-10

when 1t comes, strike as swiftly and
surely as you would strike to save
your throne And | will strike, my
master!" Kananda added gTimly res
olute. III you finch from any neces-
sity that arises In carrying out this
task Of ours, | will warn you once
even as | am warning you now-and
then, If you still stay your hand or seek
TO save the least of those who may
stand between us and the sacred
jewel, by God III kill you'll"
The scholars imperturbability was
proof against Kananda's violence Of
word and manner The only sign he
gave was a slight tightening OF his
fingers as they clasped his arms, and
a lightning look straight into the eyes
OF the young man across the table. 1t
was In a tone of perfect control that
he replied:
Death, when it comes to myself.
is the least OF my concerns. You may
strike when you will, Your Highness.
] am master of tho faith, but, none
the less, a servant OF the throne. My
life belongs to your royal father to do
with it as he pleases. And since you
tell me that you are the long arm OF
the Maharajah. It is at your disposal.
too"
His calmness reminded the Prince
of his own Oriental origin. The We
hemence he had acquired in western
lands slipped from him like loosened
robe. In an instant. under his out
ward seeming of an English or Amer
lean man-about-town, he repoSsessed
the composure of his race.
Sorry" he said with little forced
laugh. Rather bad you know, to
take things to heart that way. but
this really is serious proposition,
and we mustn't fall down on It. AS
we are so near success, | will tell
you it is a question not only Of piety,
but OF politics. There is dash OF
mild statecraft In it. The MaharaJah
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1911-08-10
TIIE, NEW EANM-ROi.

I Ae new farm-boy lives in third dis
pensation The sciences began to take
hold Of the land AZ lcrs, 20 years ar,.
but there was an off-cearing necessary.
Tho transition. period was orotracted.
mainly because the land was already In
possession Of a race of farmers that must
die off. The agricultural college applied
the sciences to tillage and to crops and
to animal life on the farm % years ago.
1t was slow work. not only to awaken
the farmer bu' to investigate, discover
then to apply. The age is now rap
idly falling into the hands Of men who
are alive to the great fact that produce
ton has never yet approached its maxi
mum. The orchard has, all this while.
thanks to moths and caterpillars. be-
come more and more an chronological
laboratory Gradually it has come about
that not hing can be grown on the
land W. ovt fight. This has not by
any means been n permanent loss, but
has awakened a spirit Of scientific ex-
animation and a determination 70 master
conditions. The microscope and the cru
chile are a. necessary to-day as the
ploW and the hoe The farm-poy Is not
without .,iMuus. ~or Is he without in
tcrcsting conditions; rather 1t will now
take the brighter boys to do the farm
ing
The ioprnnnt OF farm machinery,
and tho application Of new forces on the
land has gene on at the same time. The
Mccormick reaper may he credited with
haFing opened the procession, that just
now Is marked by electric plows doing
the work Of 30 or 10 men; while the steam
throSher goes from barn to barn cover
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1911-08-10
STCCOTASII

Cut the corn from half dozen large
ears OF tender sweet corn and put the
oobs in kettle, breaking them In two
II they are too large to be laid down
Pour pint of water over the cohs cover
closely and let the cobs cook half an
hour to extract their flavor. then strain
off the watcr. Measure the corn cut from
the cob and prepare an equal quantity
OF shelled Lima beans, Put the beans In
tho saucepan with the liquor from the
corn cobs, and add enough milk to cover
Cook until they can be easily pierced
with fork, add the corn. cook eight
minutes. season with salt, pepper. plenty
Of butter, and, II liked. a little sugar
Stir half tablespoonful OF flour in a cup
OF cream and after the corn has cooked
Its allotted time, stir II into the succo-
tash cook 1us5 a moment, then serve
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1911-08-10
CURLING FLEID.

Dissolve one level tablespoon OF moist
white sugar and one ounce of gum ara
bic In three quarters pint of hot distilled
water, and when cold add two ounces OF
alcohol and SIX grains each OF blchlo-
rde OF mercury and sal-ammoniac The
sll-ammonac should be dissolved I'm the
alcohol. before adding. When the mixture
is complete add a littlc more water TO
make one pint in all. Add a little lavender
water to perfume.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1911-08-10
VEGETABLE SOUP.

delicious vegetable soup, usually made
with canned corn, can now be made with
the fresh Put into kettle a quarter
pound OF lean salt pork cut In cubes
two potatoes and two onions sliced, one
carrot and the head OF celery cut fine
one-haif can OF corn and one-half can OF
tomatoes or their equivalent in the fresh
vegetables and two quarts of water
simmer gently all day on the back Of