davidaulloa/AmericanStories huggingface dataset:
The Detroit times., 1911-08-24

So long as there remains mathe-
maticat possibllity, the truly loyal De-
troit bug isn't going TO lose faith In
those Tigers.
Eyen IN this, the hour OF their deep
noniliation, there are those who point
Oct the fact that, while the Athletics
are now logical favorites, and the
Tiers unquestionably long 3tots,
fhsre are days on the race tracks when
tie second choices come from behind
in the stretch In surprising style.
Long shots occasionally cop; why
not the Tigers?
Today the Wash lgton club Is In
or midst, arriving from Chicago,
Wibre q series was finished yesterday
thu showed McAleer's men to be clay
I'm high-ciass article OF ball. The
TIERS have not lost q series TO Wash
fn&ton this year, though on the occa-
eich OF the first clash. an even break
re1,Ilted.
i there could ever be time for the
Tiers TO start. II IL unQuestionably
ri<bt now.
Jennings' men may clean up the
se<Ios. They have ground for believ-
{n< that Cleveland will grab q game
or two from the Athletics. In that
case the difference would be so slight
that the Tiger-Mackmen series that
foI|ows could put Jennings men 30
close 70 the league lead that only q
zane or two would be necessary after
thu, to put them back again on top.
"A crazy sprint say your
Well, the Tigers, with not nearly 80
STONY personnel Of players In the
flsId, turned on that very thing against
the Athletics and Boston ON the occa-
sion OF their last home stand, and
fhoy're the team that n likely to start
something at any stage.
Bugs are calling TO mind the stir
rins pennant races of 1907 and 1908.
with their close finishes. In each
race. at some stage or other, the II
GER were badly in the ruck. but came
70 The front when they had to. II II
cones 10 matter OF gameness, Detroit
Is y whole lot better reliance than q
cerfain team we can mention which
on two occasions quite notably has
uuIt cold and yelled for MERCY.
Right now the Athletics are, it's
safe wager, looking forward with no
pleasurable degree Of anticipation to
that series which confronts them az
soop as they are through with the
Maps.
n one way the Tigers have enjoyed
the most remarkable home season In
history, Up TO date they have neither
The Detroit times., 1911-08-24
POSSIBILITY is
STILL THERE TO CHEER LOYAL

them TO best advantage. The result
was seen In the fact that every post
ponement had been cleaned up before
the team left on It's second eastern
trip. None have accumulated since.
or course. II Is a little early to claim
a clean record for double-headers, par
ticularly when the day happens to be
cloudy and the wind coming from the
east.
It's a cinch, however. that, In case
of postponement of any OF the Wash
ington games, a double-header Will be
hustled out Immediately. The Tigers
will have no other chance to play II
OF, after the Nationals leave town,
and a hectic effort will be made TO
play every one OF the three games.
The Detroit times., 1911-08-24

chew Mu-kr.t scrap. re. soos.
The Detroit times., 1911-08-24

Yesterday Results.
80 games scheduled.
Toaat,s (ismes.
MnnhInrton a Detroit.
&|HIrfIcn ~ Cleveland.
.n&|6u "a 81. Louis
New rork ~ chfraEo.
The Detroit times., 1911-08-24
sToday's Lineup
~ PAUL HALE sRUsKE.

So long as there remains a mathe-
maticat possibility, the truly loyal De-
,troit bug isn't going TO lose faith In
The Detroit times., 1911-08-24

n one way the Tigers have enjoyed
the most remarkable home season IN
history. Up to date they have neither
The Detroit times., 1911-08-24

showeling concrete TO ct into
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-09

/ land may be tried in an action to re
cover possession thereof, and that, 81
far as the same is tried and deter.
mined, the Judgment therein is con-
elusive upon the party against whom
it is given"
Issue having been joined respecting
the title to the land and the founda-
tion of that title having been chal-
lenged in the manner indicated, can
the judgment, be upheld?
At the common law the plaintiff in
an action of ejectment was required
to show a valid legal, title to the de-
manded land at the time of the dem
ise laid in the declaration and prior
to the commencement of the action.
mere equitable interest in real
property being insufficient for that
purpose. 10 A. & E. Ency. I'D ed.)
482; Fem v. Holme 81 How. 4S1;
Hooper v. SCheimer, % How. 2S5.
This ancient rule has been changed
IN some states by statute and in 9TH
ers by judicial Interpretation so as
to permit an action of ejectment to
be supported upon proof of a plain
tins equitable estate In land, when
the evidence showed that he had a
right to the immediat possession of
the premises. Warvelle Eject. Sec.
2S5. The alteration referred to
seemed to be necessitated by the Pc
culiar conditions attending the plon-
eer settlements upon the public lands
Of the Pacific Coast. Coryell v. Cain
16 Cal. 567.
In new country, the speedy set
tlement of which has been induced
BY the discovery of precious metals,
or by realization Of the immense
wealth of timber, ora knowledge
that certain lands will Immediately
become valuable as a townslte, or
for any other purpose, covetousness
often prompts others to obtain, II
possible, real property to which prl-
or occupants have secured a pre-
ferred right and in order to protect
that right judicial tribunals have
been obliged to so construe the
principles Of the common law and to
expand it's rules to meet the needs
and to satisfy the demands OF mod
ern civilization, and as an outgrowth
OF that doctrine it has been held by
the courts Of last resort in some Of
the Middle and in most of the Great
Western states that an equitable es-
tate In lands coupled with a right to
the immediate possession thereof
was sufficient to maintain an action
of ejectment.
The doctrine referred to has not
been carried In Oregon to the extent
noted, but it was early held that an
action of ejectment could be upheld
when based upon title evidenced by
a final certificate issued by the regis
ter and receiver of the local land Of
flee and lawfully held by a plaintiff,
the court saying: ''And in any case,
although the legal title is still in the
United States, We think the donee of
a land claim, having obtained a GER
tificate thereto, or his assignee may
maintain this action against one who
shows no color of title" Keith "
Cheeny Ore. 2S5, 2S7
In RAIDER V. Allen 27 Ore. S44, S4S
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-09

party by way of Affirmative relief but
that the action should have been dis
missed at the cost of plaintiff, and the
refusal Of the court to so Judge was
error.
II claimant of public land has
performed in good faith all the con-
diu0ns required of him by the laws
OF the United States, made final
proof in support of his entry and
thereupon secured from the receiver
of the local land office the requisite
final receipt. he has obtained. as was
said in RAIDER V. Allen, supra, "a
vested right in the land Of which he
cannot be subsequently deprived" ="
Until the patent has been issued by
the proper officers of the United
States, evidencing a transfer of the
legal title, the land department re-
tains jurisdiction of the subject mat
ter, and If the right of the person re-
ceiying the final certificate to obtain
the land is challenged on the ground
of his fraud or that he has not COM
piled with the requirements of the
law. and at a trial such charge is
substantiated, the entry may be can
celled and the land restored to the
public domain.
The Revised Rules of Practice
adopted by the Department of the In
terror July Is, 1901, and in force
when the final certificate issued here
on was challenged, (31 L. D. 527)
provides that a contest may be ini-
tiated against a party to any entry
under the laws of congress relating
to public lands for any sufficient
cause affecting the legality or valid
ity Of the claims. Rule 1. Regis
ters and receivers may order hear
ings in all cases wherein entry has
not been perfected and no certificate
has been issued as basis for pat
ent." Id. 4. "In case Of an entry or
location on which final certificate has
been issued the hearing will be or
dered only by direction Of the Com
missloners Of the General Land Of
ice." Id. 5. Applications for hear
ings under Rule must be transmit
ted by the register and receiver with
special report and recommendations
to the commission for his determine
ton and instructions" Id. 6.
Pursuant to these rules, the recom-
mendation made by the register and
receiver to the Commissioners Of the
General Land ONCE, that the entry
made BY Fox or the land in contro-
versy be cancelled, initiated IN the
manner prescribed, a contest respect
ing the. validity OF the entry thereby
challenging plaintiffs title and de-
priving the trial court OF Jurisdiction
OF the subject matter, until after the
title to the land has passed from the
government. Fitzgerald v. Keith 4S
Pac. 110.
The findings of fact do not support
the judgment which Is reversed and
the cause remanded with directions
to dismiss the action.
Mr.. Justice Burnett dissents.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-09
WeatherfOrd '. Mckay, Lincoln
County.

County,
K. Weatherford, respondent, v
robert Mckay, appellant. Appeal
s.on, en- the circuit court for Lincoln
aonntv. Hon. L. T. Harris, judge
Submitted on briefs. McFadden &
Srvson and Percy R. Kelly on briet
tor respondent. Robert A. Miller and
" " H Fowler on brief for appellant
Moore, j. Reversed.
Needed September 26, 1911.
This is an action to recover the
possession of real property with
damages for Withholding the same
The cause being at issue was tried
without a jury and findings OF fact
we're made by the court in substance
as follows: That on September 3
1000 Luther V. Fox made a home
stead entry for 100 acres of land In
Lincoln county, describing the prem.
ises. and on January 20, 1907, he Sc
cured from the receiver of the local
land office a final certificate there
for. that ON october 8, 1907, Fox
avecuted to plaintiff deed to the
Iond. tnat prior to the commence
Int of this action the defendant
was and ever since has been in the
possession Of the real property;
that, as against plaintiff, the defen-
dant has no right, title or interest in
or to the land and his occupancy
thereof is unlawful; that plaintiff
has not sustained any damages by
reason Of the acts complained Of;
that subject to the paramount title
OF the United States, plaintiff is the
owner in fee Of the premises and en-
titled to the immediate possession
thereof and that testimony was re-
ceived tending to show that the reg
lister and receiver OF the local land
office had recommended that Fox's
entry be cancelled but no evidence
was offered to prove that the Land
Department Of the United States had
annulled the entry. Based on these
findings and the conclusions OF law
deducible therefrom, judgment was
given for the restitution Of the land
and the defendant appeals.
Moore, j. No transcript OF the tes-
timony has been brought up and the
Only queetlOn 10 De COnSlQereQ iS
whether or not the findings Of fact
support the judgment.
Our statute, regulating the prac-
tlce in ejectment contains clauses as
follows: ANY person who has a
legal estate in real property and a
present right to the possession there
OF may recover such possession with
damages for Withholding the same,
by an action at law" L. o. L. Sec.
1926. THE judgment therein shall be
conclusive as to the estate in such
property and the right to the pos
session thereof, so far as the same
is thereby determined, upon the party
against whom the same is given and
against all persons claiming from,
through or under such party after
the commencement of such action. &"
Id. Sec. 337. In Hoover C. King 43
Ore 2S1, 284, in referring to the
enactment quoted Mr. Justice Bean
says: 1T is thus apparent that the
statute contemplates that the title to
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-09

We write insurance on automobiles
and all kinds of power driven vehl-
cles at the lowest rates, and insure
against damages from Are under any
and all circumstances, whsther In pri-
Vate or public garage or on the ROAD
or in accident. More cars are de-
stroyed by hre than by all other
causes put together. Rates the low
est z. Hofer 4 Sons. 21S 8. Com
merclal street 5-22-tt
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-09
Never Out Of WSrk.

The busiest little things ever made
are DR.. Kings New Life Pills. Every
pill Is a sugar-coated globule of
health, that changes weakness into
strength, languor into energy. brain
fag into mental power; curing con-
stipation, headache, chills, dyspepsia,
malaria. Only rs cents at j. c. Per-
ry's drug store.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-09
Kicked by a Mad Horse.

Samuel Birch, Of Beetown, Wis,
had most narrow escape from los
ing his leg, as no doctor could heal
the frightful sore that developed, but
at last Bucklen's Arnica Salve cured
1t completely. Its the greatest heal
eT Of ulcers, burns, boils, eczema
scalds, cuts, corns, cold-sores,
bruises and piles on earth. Try IT.;
20 cents at j. G. Perry's.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-09
Household Medicine, that Gives
Confidence,

Is Foley's Honey and Tar Compound.
Mrs. T. j. Adams, 522 No. Kansas
Ave-, Columbus, Kas, writes: For
number Of years my children have
been subject to coughs and colds.
got some Of Foley's Honey and Tar
Compound and have found that It
cured their coughs and colds in a
very short time, so l keep 1t in the
house all the time"-Red Cross
Pharmacy, (H. Jerman.)
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-09

Charley Gates has started out as
II he might beat the record; though
young, he has his third wife.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-09

Virtue can't be compelled by law,
but law may somewhat restrict vice
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-09

If you watch a man spraying his
lawn for about two minutes you can
tell whether he has confidence in the
hose or not.
If he keeps glancing from one end of it to
the other you can depend that he's getting
nervous and watching for wetting. Don I
take chances when you can buy Electric
Hose and be absolutely sure of the highest
efficiency.
Electric Hose will not burst, crack or
split. It's made of seamless seine twine
jackets and rubber tubes.
SALEM HARDWARE COMPANY
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1911-02-16

Huron Huronite says: 1t is the con-
clusion of legal and judicial minds that,
under the proposed Richards primary
law, no political schemer could gain
any advantage in the pursuit of office
over the humblest citizen of the COM
menwealth. 1t would place every man
on an equality with every other man in
any race for preferment. Naturally
the politicians, the machine men, do
not want any such law on the pages OF
the statute books, for it is trade to gain
advantages that every man cannot
achieve along the honest course of life.
So they are employing the old weapon
of ridicule against the production and
their cuckoos are giving inane support
to their endeavors.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1911-02-16
COUNTY OFFICIAL PAPER

Representative Koch Of Minnehaha
has two prospective measures. He
would create state printery on the
state house grounds in the vicinity OF
the power plant. He would appro-
pirate 925, 600 for the building, which
shall be erected during the coming
two years. No provision is made for
equipment, by way of an appropria-
ton, or for management after once
constructed. Light, heat, and power
10 to be furnishen by the state house
heating plant, which has q surplus.
Roskie of Brookings has been con-
sidering similar plan, putting the
plant in the basement of the capitol
where there is considerable surplus
room. Mr.. Rocks other plan would
require the survey, by the state, of
each township to determine the num-
Der of acres in each minor division
for taxation purposes.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1911-02-16
WOMEN ORGANIZE

A gathering of women of the state
was held at the capitol Monday. hav-
ing for its purpose the organization of
party for women, which will seek to
secure official places which are accord
ed to them under the constitution, with
out waiting for the right of suffrage
for women.
They appointed committee, consist
ing of Mrs. May Billinghurst. Mrs.
Janet Cole, Mrs. Florence Jeffries,
Mrs. Cassie Hoyt, Mrs. lone Russell
and Mrs Lizzie d. Laughlin, to meet
within few days at the call of the
president to select name and formu-
late platform for their party.
They announce their intention of TAX
ing an active part in future campaigns
in the state and to assert their rights
in this way, even if not allowed to vote.
They made request upon Gov. Wesley
that he name woman as one of the
members of the state board of chart
ties and corrections. such place not re-
curing an "elector" under the provi-
sion of the constitution.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1911-02-16

Mitchell Republican: The sugges-
tion of the soldiers home 9investi-
CATION committee that the institution
should be conducted as home, rath
er than as post, will appeal to the
people of the state. 1t is pathetic
that the remnant of the union army
still with us should in the infirmity
of advanced years still cling to the
discipline OF the battlefield. By all
means let them indulge their remini-
scenes, but let us not attempt to
make them live as they did when
fighting as young men.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1911-02-16
CLAIM TREATY FAULTY

The Sioux council which was at ses-
sion at Cherry Creek last week, ended
with the forming of a permanent or
ganization among the Indians which
has for its purpose the pushing of the
claims of the Indians for payment for
the Black Hills. They decided that
their organization should be made per-
manent, not only to work until it had
accomplished this particular purpose.
Before they go any further they will
secure an attorney to look after their
interests III the !ega! phases. Their
contention of rights in the Black Hills
is that the treaty was not signed by the
two-thirds of the members of the tribe,
as was required in the treaty which at
tempted to provide for the transfer of
that section to the whites.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1911-02-16


Tuesday the senate passed Senator
Dalton's bill, carrying an appropri.
alton Of 800. 900, to be expended in
making needed improvements upon
tho capitol grounds and parking the
same. It is thought the bill will pass
In the house without opposition. The
appropriation will enable the capitol
commission to carry out the proposed
improvements. which are greatly
needed. The capitol grounds consist
Of about twenty-four acres of land.
It is claimed by those best posted in
the matter, that the improvements to
be made will call for the expenditure
OF the entire sum mentioned in the
bill.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1911-02-16


There are two extensive Mormon
colonies in Mexlca and the Mexican
government has asked the men of
those colonies to take up arms in the
defiance of the government. Their
reply Is that that they re citizens of the
United States and cannot be expect
ed to fight for q foreign country. The
Mormons of Mexico are there in pur-
suance Of an agreement with Diaz
that they will be permitted to practice
p0lygAmy nndistnrhed and they have
made their Mexican colonies places
of refuge from prosecution when
pressed by the home authorities. And
now they are not willing to defend
the country that affords them great
est immunity.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1911-02-16
THE QUICK AND THE DEAD

Vermont is one of the states that
doesn't grew, hu. just stands still.
No wonder, then, that it's legislature
promptly sits on the inheritance tax
and throws the direct primary down
the back stairs.
How about the growing states =
Oklahoma, South Dakota, Washing
ton, Arizona and California?
Progressiveness, alike in the de-
velopment of resources and the max
ing of institutions, is the branch of
their nostrils. AS their population
goes forward by leaps and bounds, so
their faith in the people and their
conception of social justice expand.
Not only the star of empire, but
the genius of democracy westward
takes its way.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1911-02-16
RUMoRs OF NEW BILL

81 guess that the prohibitionists of
South Dakota are sincere in their
declarations, remarked r. S. Glea
son. who had returned from a visit to
Pierre and Huron, to reporter yes
terday afternoon.
81 stopped in Huron on my way
home from the state capital and there
learned from j. l.. Lockhart, of
Pierre, that on Thursday of this week
there will be introduced in the legis-
lature bill, providing for taking the
lid off the saloons entirely, in this
state.
"Mr. Lockhart told me that the
prohibitionists of the state are so dis
couraged at being unable to secure
more drastic legistion that they will
have bill introduced. providing for
the reduction of the retail liquor Ii
cense from $500 to S100 per year and
allowing the saloons to remain open
all day and all night.
1.-The prohibitionists want to fix it,
according to Mr.. Lockhart, so that
everybody can go into the saloon
business.
"They wanted the closing hour fer
saloons, fixed at Z O'Clock.
Failing to get that they were will
ing to compromise on 8 O'Clock and
failing in that they now propose that
the saloons shall be allowed to run all
the time and to reduce the license to
such a figure that every man who de-
sires may get into the business. y
Sioux Falls Press.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1911-02-16

The regular army is being vaccinated
for typhoid fever and with good re-
suits according to the army surgeons.
1t is just announced that vaccination
for spinal meningitis is being success
fully employed. If this is to be the
method of preventing and curing d.
sease in the present century, we will
soon be covered with vaccination spots
from head to foot. 1t is not alone that
we must be vaccinated for each of a
long list of we'll known diseases, but
new maladies are constantly being
added to the list.-Sioux Falls Press.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1911-02-16

South Dakota wants free lumber
and pulp from Canada; the latter
wants free grain and stock from
South Dakota. Reciprocity that does
not reciprocate is no reciprocity at all.
A trade that does render value re-
ceived is no trade but a swindle. We
can have reciprocity with Canada il
we reciprocate, but those Canucks
have lived alongside of the YANKEES
too long to have any commercial shell
game worked off on them.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1911-02-16

The news report that the Hartman
lines have completed arrangements
for the expenditure of $75,O0O,000 in
extonsions and betterments promises
the revival Of demand for railroad
supplies and equipments and is a
hArbinger Of renewed activity. Com
ing, as It does, before the rate deci-
si0ns, II slso carries it's own comment
on the recent railroad doctrine that if
they could not get advanced rates
they would have to sit down and let
their properties 90 to wreck to spite
tbs public.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1911-02-16

Reciprocity with Canada will build
mp the manufacturing industries of
~ west, giving the Iowa farmer
more mouths to feed at short range.
h syill not be invited to compete in
any greater degree than he has COM
psted for atty years SO far as the lead
sing products are concerned. 1t is a
simple business proposition and
should not be y victim of the mael-
str0m Of partisan politics. Now ls
time for al progressive men to come
60 the support Of the president. re-
CARELESS Of party.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1911-02-16

Yankton Press and Dakotan: I'm
fortunately the census bureau gives
no returns on quality. Everybody
knows that gross quantity Is the
cheapest and poorest way in the world
to measure any value. If Yankton
has only S,7s7 people, those few in
habitants can show results that GER
tainly prove them of more than
ordinary quality.