davidaulloa/AmericanStories huggingface dataset:
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1911-07-20
l!I|Ell|i' .||I'I|IIl!i!

.
Wlgg-Henpecke has bought mo-
torboat and named It after his WIFE.
Wagg- Can't manage It, eh?-Phll.
adelphia Record. 2 thS
at is said that impehous people
have black eyes"
eyes, and II they don't have them,
they are apt to get them,"-New York
Mail,
Frost-They say Browns income is
S., 900 a year.
snoy-Yes, and $4,000 of it goes
for living expenses every IL months.
|-Harper's Bazaar.
Tallor-Has Mr.. Owens taken any
action on that bill of his yet?
Collector-Yes; he kicked me out
the last time called to collect it,
Boston Transcript.
Her Dad-Nor sir; ! won't have my
daughter tied for life to stupid fool.
Her Suitor-Then don't you think
you'd better let me take her off your
Observation-Disclosures.
Major Gore-The Cuhnet, am spr.
ry to say, hahdly ever knows when he
has had enough.
Judge Regad-No, sub. When the
cuhnel has had enough he doesn't
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1911-07-20

Though Director Joseph 3. Ralph,
Of the Bureau of Engraving and Print
ing, handles an average Of 42,00O,OOO
postage stamps daily, he, has never
lost or misplaced one. Director Ralph
turned out for the last fiscal year APP
proximatey 11,1OO.OOO,OOO postage
stamps.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1911-07-20

4 NJ March Ruchet the present pres
ident Of the@Swiss republic. Is so dem.
ocratic in his tastes that he IL often
found in some of the modest csbar-
cts, where he sits in his shlrtsleves,
talking toivisitors from the country
or engaging in "jass," an innocent
card game, the loser usually paying
for the others coffee.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1911-07-20

Miss Paula Laddey was tho only yo-
men in the graduating class Of the
New Jersey Lad school. She carried
on her law studies while probation
officer of Jersey City. Her object in
studying law was the better to fit her
self for her probation work and to
enable her to assist the needy with
legal advice.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1911-07-20

Since. the first woman deputy OF
Norway, Madam Olga Roystod, has
made suCll an exceptional record
among the lawmakers Of that country
doors hitherto barrel have been open
ed to women. The Academy Of Sclen
ces, for centuries tightly closed them
against women. has, just elected its
first woman member.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1911-07-20

Wlgg-Henpecke has bought a mo.
-torboat and named IT after his wife.
Wagg Can't manage II, eh?-Phil.
adelphia Record. ?
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-29
SUPREME COURT PASSES ON
QUESTION OF NEGLIGENCE
OREGON SUPREME COURT DECISIONS
Full Text Published by Courtesy Of F. Turner Reporter of the
Supreme Court.

and that its presence was unknown
to him.
In support of plaintiffs contention
that he was oiling at a proper time
and place, and in the manner CUSTOM
ary In the mill, he called Roy Crab
tree, who testified that he had worked
IN the mill two years. and was then
asked this question: DO you know
how this feed works, where he was
hurt' was oiled, when? During the
time you worked there?" The uues-
ton was objected to as incompetent.
immaterial and irrelevant, and the
objection was sustained. PLAINTIFFS
counsel then asked this question.
What was the proper time of day. or
times, for Mr.. Burrouhgs to oil this
feed works where he was hurt?"
The same objection was made to this
question and was sustained.
A witness for defendant familiar
with the premises, exhibited a draw
ing made by him, which he testified
showed the general location of the
iced works, shafting pulleys, and the
place where plaintiff was injured He
pointed out, on the plat, the shaft,
upon which the safety collar was
placed, and the collar, and explained
where the set-screw would be, but II
was not pictured thereon. Counsel
for plaintiff objected to the admis-
sion of the plat for the reason that
the set-screw was not shown upon il.
and his objection was overruled. A
model of the feed works was also in
troduced which the maker testified
was correct, except that a certain
part of timber should be Sx1O instead
of 1OX1O, as shown, and that a GER
tain other timber or part of the works
should be 2x21a instead of 2Bx2k,
as shown. He also testified that he
did not put on model of the collar
and set-screw, because the scale of
the model was so small that they
would be hardly visible, but he point
ed out to the jury the place on the
model where they would belong and
stated that otherwise the model was
a correct representation of the ma
chinery Counsel for plaintiff OBJ
jected to the introduction of the
model because it was shown to be in
correct and after some discussion the
court said: "The model may be in
for the purpose of illustra-
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-29
uuroughs V. The Curtiss Lumber
Co. Marion County.

TO-, Marion OOuutls
J. Burroughs, appellant, V. The
cnrtiss Lumber Company, corpora
finn. respondent, Appeal from the
o,,cnit court for Marion county. The
uou Geo. H. Burnett, Judge. Argued
and submitted March 2, 1911. Carey
Martin land Martin L. Pipes, on
brlef) for appellant. R. W. Wilbur
fond T. X. Weatherford and Geo. G..
bingham on brief) for respondent.
Mcbride, j. Affirmed.
This is an action to recover dam
ages for an injury received by plain
tiH while he was at work as an oiler
IN defendants sawmill. Among 9TH
or things it is alleged, that defendant
ueglgently suffered certain parts of
its machinery to remain and be oper-
ated without proper safeguarding ap-
ulances and particularly allowed
dangerous, unlawful, out-of-date and
prohibited set-screws to be used and
kept in operation in its mills; and es-
peCially set out that while plaintiff
was engaged in his occupation of OIL
ing the machinery his clothing was
caught upon a rapidly revolving shaft
and he was seriously injured thereby
The answer denies every allegation
Of negligence, and alleges contribu-
tory negligence on plaintiffs part, as
well as knowledge of the risks and
assumption thereof. 1t Is alleged that
plaintiff had been instructed not to
oil the machinery at the place where
the accident occurred, while the mill
was running, but that he did so in
disregard of such instructions, and
that such negligence was the proxi-
mate cause of his injury.
There is evidence tending to show
that plaintiff while oiling that part
Of the machinery known as the feed
works, was caught by set screw,
projecting about three-fourths of an
inch beyond the collar, on a rapidly
revolving shaft, and was whirled
around it, tearing his clothing from
his body and seriously and perma-
nently injuring him; that the shaft,
set-screw and collar were all un-
guarded and open; and that the set
screw was invisible while in motion.
Plaintiff also testified that the set
screw had never been observed by
him when the machinery was at rest
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-29

tion. The jury has a right to under
stand the absence of the collar. It
would be impractical to put collar
on that size model" The counsel
saved an exception, but whether to
the ruling of the court, admitting the
model, or to the above quoted remark
does not appear from the bill of ex-
ceptions.
The court among other matters,
gave the following instrction:
Il canuot say to you as a matter of
law that the allowing of the protrud-
ing set-screw in its machinery is neg
ligence. 1t depends upon the circum-
stances under which it was used and
under which the accident happened;
and you will consider in that connec-
tion, whether the defendant acted as
a reasonably prudent man would act
in the care Of his own affairs, under
like circumstances. If under all
these circumstances, the defendant
did so act it is excused from any
liability. If it did not so act and the
injury resulted from it's failure thus
to act, you should find for the plain
tiff"
The defendant had a verdict and
plaintiff appeals.
Mcbride, j.: There was no error
in the rejection of the testimony of
Roy Crabtree. The issue raised by
the answer was that plaintiff oiled
this part Of the machinery while it
was in motion, which was contrary to
orders. How anybody else may have
oiled 1t was wholly immaterial; that
some other person or persons might
have been negligent in their work
would not excuse plaintiff. The sub
sequent question, What was the
proper time of day to oil the feed
works" was also incompetent as the
witness was not shown to have any
knowledge on that subject. The fact
that he had been a laborer some
where about the mill would not quail
ify him to give an expert opinion as
to the management and care of the
machinery
There was no error in admitting
the plat and model after the neces-
sary explanations had been made.
They were valuable, no doubt, in CIV
ing the jury general idea of the
situation, and the defects or omissions
were so clearly pointed out that the
jury could not have been misled. The
remark of the court, that it would not
be practicable to show collar upon
that size Of model was made during
the ruling on the objection to testi-
mony, and in any event it does not
appear that the exception taken was
intended to cover it, but was to the
ruling itself and not to the language
in which it was couched. Even if
erroneous, it is difficult to see how
it could have Influenced or misled the
jury who had the model before their
eyes.
We find no error in the instructions
of the court which were full, cover
ing the whole case and exceedingly
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-29

Leroy Lomax (Finn & Lomax, on
brieD for respondent. Eakin, C. j.
Reversed.
Eakin, c. j.: Plaintiff and defen-
dant are husband and wife, having
intermarried on May /, 1901, and
lived together until June 16, 1909,
when they separated. Plaintiff COM
menced this suit for divorce on Au-
gust 81, 1909, on the ground Of cruel
and inhuman treatment. There is
one child by the marriage, Floyd,
born October 2S. 1903. Defendant
owns two and one-half lots, with a
dwelling thereon, in Linnton, Oregon,
of the value of about $4,000. After
trial the suit was dismissed and
plaintiff appeals.
There are four principal acts Of
cruelty relied on by the plaintiff. The
first occurred about three months be-
fore the separation. She testifes
that, after retiring one night, defen-
dant began quarreling with her and
in great anger sat and held her by
the head for two hours and would
not let her move, and said: I'VE will
just have to stay here all night. You
have been telling your brotherinlaw,
1 suppose, that l talked about him.
He says, If he licks me there will be
dead man and there will be dead
woman in this house too.'" The sec
ond act occurred on June 2, 1909.
Plaintiff states that he, in anger,
caught her by the arm and dragged
her through the hall, out to the
kitchen, and pinched her arm so 1t
was black and blue, and threw her
back on the trunk. The third act oc-
Cured on June 16, 1909. She testi-
fies that defendant came into the
house angry, and when quarreling
with her threw a wrench and file
which he had in his hand, on the floor
right behind her where she was sew
ing and said he was going to tear
the house down and burn It; and that
she, fearing personal violence, left
the house. The fourth act is, that he
accused her of adultery. Plaintiff
further testifes that, for long time
before the separation, defendant got
angry at trifes; that he was cranky
all the time; that he had a violent
temper and when angry would threat
en- TO leave her, and that she kept
peace by doing whatever he wanted
her to do; and that If she would not
do things just to please him, he would
get angry at her.
The evidence is very conflicting.
Many of the circumstances testified
to by plaintiff are denied by defen-
dant, and it is difficult to ascertain
the facts. In regard to the first act
Of violence complained Of, the main
ground of the attack upon plaintiff,
as she testifles, arose out of the fact
that she had told hep brotherinlaw,
Vandolah, what defendant had said
concerning him. Plaintiff is corrob-
GRATED in her account of the trouble
to some extent by the fact that de-
fendant makes complaint in his an
swer that she had falsely accused him
of vilifying Vandolah and informing
her sister of it; also he testified that
"she stuck up for her sister She
went and told her sister that I had
talked about her and her husband,
and she stuck up for her." thus
showing that there had been trouble
between them about her sister and
her husband, and to that extent cor
roborates plaintiff, and yet he testi-
fies he had not talked about Vando-
lah; that he had nothing against
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-29

fair to the plaintiff. The instruction
particularly complained OF correctly
stated the law.
This is on an action begun under
the act of 1907 Uaws 1907, 3O2),
which provides for an action by any
employee whose injury should be oc-
casiOned by failure of the employer
to properly safeguard certain machin-
cry, among which set-screws are
enumerated and which makes VIOLA
ton of its provisions by an employer
misdemeanor, punishable by fine;
and which allows an injured en-
ployee to recover to the amount of
$500.
Counsel claims that the law makes
the maintaining of a projecting set
screw unlawful and the court should
have instructed the jury that the act
Of defendant, in allowing this screw
to remain in the condition It was
shown to have been in at the time of
the accident, was negligence per Sc.
In Peterson V. Standard Oil Co. (Or)
1O6 Pac. 997, we held that where the
laws of the state, for the protection
of the public, have prescribed that
certain precautions shall be observed,
that such requirements constitute a
legislative declaration of the mini
mum Of care necessary under the
circumstances and that less degree
is negligence as a matter of law,
and conceding for the purposes of the
argument that the penal provisions of
the act, before alluded to, apply to a
common law action, it will be seen
that there is no absolute declaration
of the statute that set-screws, under
all conditions, shall be safeguarded.
The statute only requires reasonable
safeguards for those and. all other
machinery which it is practicable to
guard. 1t was for the jury and not
the court to say whether it was prac-
ticable for the defendant under the
circumstances to safeguard this shaft
ing, collar or set-screw, and If they
found that it could be so protected to
predicate negligence upon the
failure Of defendant to use the nee
essary precautions. A projecting set
screw upon this shafting may or may
not have been necessary. A protect
ed one or one sunk to level with the
shafting might have been better or
might have been impracticable. This
was matter of evidence and entirely
for the jury and not matter of law
for the court, whether viewed from
the standpoint of the statute or from
that Of the common law.
The Judgment is affirmed.
Mr.. Justice Burnett took no part in
this decision.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-29
FOlkenberg V. FOlkenberg, MultnOmah
County.

Mary Folkenberg, appellant, v. Jas.
B. Folkenberg, respondent, appeal
from the circuit court for Multnomah
county. The Hon. G. U. Gantenbein,
judge. Argued and submitted March
1, 1911. Thos. O'Day for appellant;
The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1911-08-24
KING AND HIS PEOPLE

Most members of the royal family have had
from time to time many interesting and anus
ing adventures when going about In disguise.
They are able to escape for little while from
the rigid etiquette and ceremony that normally
surround them, and to enjoy. degree OIL free-
dom very welcome to them.
King George as prince of Wales had many
adventures in different parts of London in
various DISCUSSES, which enabled his majesty
to obtain close insight into the different
phases of life among many of his subjects,
Pearson's Weekly says.
One of the most interesting adventures King
George has had in disguise was visit MS
majesty paid to big railway goods yard some
years ago on an occasion when there was an
enormous pressure of heavy goods traffic The
king. then duke of York, went to the yard at
II D. m accompanied by member CT the royal
household Both were dressed in the garb OF
eorking men who were waiting in the yard
pntil midnight on the chance OF being taken
an for the night shift If the work was specially
heavy.
Only few of the railway officials were aware
that the heir to the throne was standing among
the squad of hungry men eagerly and anxiously
waiting the arrival of the foreman, VINO might
rick out some of the most robust among them
to aid in shifting the mountain OF goods from
the trucks to the clearing sheds during the
Eight
For nearly an hour the prince watched the
work proceeding in the big yard under the
white glare of the arc lamps with immense IN
terest. and chatted to the men about him. en-
tering thoroughly into the spirit OF their rougn
but good humored chaff. few minutes Deiore
midnight one of the railway officials VINO was
aware OF the presence of the prince came up to
his royal highness and stood by him. minute
later the foreman arrived and after casting
searching glance over the squad before MIN,
The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1911-08-24

proceeded slowly to pick out dozen men, VINO
were then marched off to work.
The rest walked out of the yard except the
prince and his companion, who were escorted
out little while later by the railway official
The latter had stood by his royal highness in
case the foreman should have selected him for
the night shift. The foreman was not informed
of the identity of the prince, but had simply
been instructed not to take on the two men be-
side whom the railway official was standing.
Queen Mary has, indeed, had almost as many
adventures as the king in Disguise
Some years after. her marriage the queen
made series of expeditions about the east
end of London, visiting all the poorest quar-
tiers as an ordinary lady visitor, her guide fire.
quently being the present bishop of London.
The queen also a little while later visited the
poorest quarters of Birmingham, Manchester
and Liverpool in the guise OF nursing sister,
which enabled her majesty to go to the worst
quarters of these towns with little fear OF be-
ing subjected to any rough unpleasant treat
ment for the sisters are almost nvariably
treated with respect even by the toughest char
acters in these localities.
The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1911-08-24
HlNZ7y IT Wl2f1TIW n ZHR0Z@ NODEhW OTIhARD

her potatoes to the new world likewise, but
these she has succeeded in transplanting to
her own SOIL For the appetizing apple at its
best, however, she must still come to the land
of the Stars and Stripes.
There does not seem to be very clear rec
ord of just when the American export trade in
apples had its beginnings, but probably 1t be-
gan on a small scale almost as soon as the low
ers of the good things of earth discovered what
q precious boon is the mealy sphere with its
refreshing, thirstquenching propensities. The
lands over seas have acquired their enthusiasm
for American apples partly because they have
already had the best grade of the fruit served
to them. There are two explanations of this.
On the one hand there is the consideration that
only>a good grade of apple of certain varieties
has the keeping quality to permit of its ex-
portation,-a transfer that means that weeks
and more likely months must intervene be-
tween the time the apples are picked in Amer
The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1911-08-24

a broad fiat, nearly oval head and body, and
tail something like that possessed by the ma
jority of well-known fishes. It's mouth is on
the under side and it can only feel the way to
it when feeding. But the real curiosity about
this fish is the fact that it carries It's own stor-
age battery with 1t on all it's wanderings and
that it has the power of rechargifg the thou
sands of little cells when they become exhaust
ed, using its power over and over again. There
are really two batteries. They are located
where one would naturally expect to find the
breathing apparatus of the fish, to the right
and the left of the beady black eyes and back.
They are kidney shaped, occupying perhaps
one-third of the upper part of the body.
When at peace with itself and the rest of
the world the torpedo fish swims around at
leisure or rests in shallow water, burrowing
in the sand at ease, but il attacked the battery
is discharged apd the enemy is glad to call it
drawn battle If 1t can swim away. 1t gets it's
prey by using it's batteries to supply the neces
sary current to kill, but it must first complete
connection with the object of its attack. Men
have speared these torpedos in shallow waters
and have caught them in nets but on handling
them have been very glad to let them go and
avoid further shock Fishermen have been
peatedly knocked down by contact with them.
The species is common along the south At
lantic and gulf coast
The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1911-08-24

is for the most part to people who can aHoru 10
pay for such delicacies The poorest classes
in Europe eat the yields OF our wheat ana corn
fields and if we could not sell our wheat anu
corn at reasonable prices, they would De
obliged to pass them by and eat rice or some
other food staple that could be obtained at
prices within their means With apples, how
ever, the situation is very different. The fancy
varieties that find way to alien shores. eacn
apple neatly wrapped in its individual piece Oh
paper, must perforce demand good prices
and consequently thus far the only sale is
among the wealthy well-to-do. Perhaps,
some day, if the craze for apple growing con-
tinues, we shall be producing so many apples
of the poorer grades that our orchardists VIII
in self-defense have to seek a market abroad
for the poorer or at least the cheaper grades
of apples.
When one is told that you are required to
pay as high as twenty or twenty-five cents
The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1911-08-24

apiece in London and on the Continent for
those huge red apples that have brought fame
to the Pacific Northwest, you have a new ex-
PLANTATION of the prices ranging from $4,000 to
$4,000 per acre which are demanded for
bearing orchards in this favored fruit land
The chances are that in the eyes of the az
erage foreign appleeater, Niagara Falls does
not rank higher as an American wonder than
the Hood River Valley in Oregon, the Wenat-
chez, the Yakima and other districts from the
five acre and ten acre fruit farms of which
come the winesaps and other varieties of ap-
pies that compel the most conservative Euro
pean epicure to concede that America must
be wonderful place after all.
But it would be a great mistake to convey
the impression that 1t is only the apples from
Oregon and Washington which are freighted
over land and to win praises in foreign
tongues. The greatest apple shipping port in
the world is jacksonville, California, and count
less apples have gone forth as silent mission
aries from the great orchards of the middle
long ago attained proud position as foun-
tain head of the stream of apples that annual
ly overspreads the world The most famous
apple growing region in the ast,-the pictur-
esque Albemarle highlands of old Virginia-is
likewise heavy contributor to the larders Of
moneyed foreigners. From this historic section
of the Old Dominion come tho famous Abe
marie pippins which bring prices ranging up
to SO barrel and which are such favorites
The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1911-08-24
DIVISION OF LABOR.

There were points of resemblance between
Mrs Hammond and the lilies of the field; she
had married a young man with good salary,
but she herself had never earned a penny in
her life. nor had she been blessed with we'll
TODD parents.
1--WE have a joint account in the National
Fountain bank" she announced to one of her
friends, when she had been married a few
months. at is such fun to pay bills by check"
what do you mean by joint account"
asked the incredulous friend. do you put
in equal sums?"
ooh, don't put in any, said Mrs. Ham
mond. Twill puts it in and draw it out"