davidaulloa/AmericanStories huggingface dataset:
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-05-04

Bismarck. N. d., May 4.--The city
Of Minot won its appeal from judg-
ment of the lower court which set
aside an action of the city council OF
Minot, in attaching the property of
North Minot to the city. The sylla-
bus of the case was handed down
late yesterday and is as follows:
In the supreme court, state of North
Dokota, October, 1910. term.
The State of North Dakota, ex rel,
]. A. Johnson, plaintiff and respondent
VS.. Sam Fl. Clark, as mayor. of the
city of Minot, ct al, defendants and
respondents.
/. The date Of the filing with the
board of county commissioners of a
petition for village incorporation, and
not the date of the petition itself,
gives fsuch board jurisdiction to act.
2. Power being given over the same
territory to two bodies authorized to
act, exclusive jurisdiction vests in the
party first acting under the power;
hence the city council of Minot having
secured jurisdiction on March is, 1909,
had exclusive jurisdiction as against
the board of county commissioners to
whom petition was presented for a
village incorporation, April Z, 1909, by
the citizens of North Minot.
2. The legislature having desIg-
mated the method of giving notice of
the proceedings OF the city council
with reference to resolutions extend
ing their boundaries, such method can
not be enlarged or diminished by any
act or resolution OF the city council
accordingly held, that the notice pub
lished and posted in this case complied
with the statute, and gave the city
council jurisdiction to act
4. A city, council in passing reso-
lutions and proceedings to add outlying
territory to the limits of the city, call
into motion the exercise of a legisla-
tive function.
5. Under the statute of this state,
section 1910 r. c. 1905. writ OF certio-
rari is not confined to a review of judi
cial or quasi judicial proceedings, but
extends to every case where inferior
courts, officers, boards of tribunals have
exceeded their jurisdiction and there is
no writ of error, appeal, nor, I'M the
judgment Of the court, any other plain.
speedy and adequate remedy.
6. Considering the necessities OF the
people affected by the orders In this
proceeding, without deciding whether
the matters could be determined by an
action in the nature Of quo warranto,
1t Is not certain that that remedy
would be speedy and adequate.
7. A. citizen and a. taxpayer OF the
territory known as North Minot is a
party beneficially interested, under the
provisions of 1911 r. c., which re-
quires that "the application must be
made and filed by the party benefi-
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-05-04
Northwestern N. o. Items,


Hartland, N. D., May Ito The
Forum: General field work has now
been on in full force for but one week.
Although there is a large amount of
spring blowing to be done, our farmer
friends are laboring and living in hopes
OF a bountiful aspect. The lesson
taught here as elsewhere during the
past season is not forgotten, but no.
ticeable on every corner. Labor is no
more spared to the sacrince or results.
The late light snow fall was greeted
with smiles. but the farmers say they
have more smiles.
Doc. Currie and wife left for Willis
ton Sunday on No. 5, where he will
establish location. Mr.. and Mrs.
Currie have been visiting at Hartland
for the past two weeks as guests of
Mr.. and Mrs. M. ID. Johnson.
One of the first ball games of the
season was played on the Berthold
grounds last Sunday between Stanley
high school and the Berthold pick-ups.
The weather was very cold, making
good ball impossible. Stanley scored a
good victory. The game was exciting.
A goodly number of our villagers are
organizing and arranging games for an
early opening, Coulee Is already out
for games.
Mrs. Lewis Solem OF Hartland re-
turned last week from Northwood, Ia,
where she was visiting her folks.
The Solem and Larsen general store
of Hartland has been remodeled and
arranged 18th very tasteful result.
Several buildings are at present un-
der consultation Of construction.
Cashier Jensen and Assistant VIM
cent Powell of Palermo autoed east to
Velva Sunday returning Monday.
Otto Sando of Aurelia and r. Al.
GUNNER Of Hartland autoed to Berth
old Sunday on business. Cor. I'll.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-05-04
PROVES Bible IS
POPULAR BOOK
LARGE AUDIENCE LISTENED WITH
WRAPT ATTENTION WHILE DIR.
BEARD TOLD HOW EARLY MAN
UscRIPT WAS DISCOVERED
SERIES OF ADDRESSES.

Anyone who thinks that the Bible is
not a popular book should have been
at the First Congregational church
last Sunday night and seen the large
audience listen with wrapt attention
while Dr. Beard gave the first chapter
of the story, How We Got Our Bible.
With the aid of the stereopticon he
gave most graphic account of the
origin and the characteristics of a
number of the principal manuscripts
of the old and new testaments which
scholars now have free access to.
Perhaps no one incident, of the
many given by DR.. Beard, was more
interesting than the story of the dis
covery and acquisition Of the Codex
Slnaiticus by Constantine Tischen-
dorf, of Leipsic.
Tischendorf set off in 1914 to visit "a
number of the out-of-the-way places
in the orient where he thought there
possibly might be some ancient manu-
scripts. For some reason he decided
to visit the monastery Of st. Catherine,
located at the base of Mt. Sinai. The
monks very willingly showed him their
ancient library.
In a dark corner Of the room stood
waste-paper basket in which Tisch-
endorf saw some loose leaves that had
curiously ancient appearance. He
took them to the light and found they
were covered with Greek inscriptions
of more remote date than any he had
ever seen. The librarian told him that
two baskets full had already been used
for kindling. There were forty three
leaves in the basket, and these he was
allowed to take away; but he was not
allowed to see the book from which
these leaves had been taken. He told
the monks, before leaving the mon
astery, that the leaves he had found
and also the book from which they
had been taken were very very val
liable and should be carefully pre-
served. These leaves were published
by Tischendorf, and attracted wide at
| tention from scholars all over the
world Nine years later TIschendorf
revisited the monastery. but failed to
get access to the remainder of the
book he so much wanted to see.
He made a third visit six years
later. but this time he was re-
inforced by letter OF introduction
from Car Alexander III. He was led
to the stewards room and shown
bundle of loose leaves OF parchment
wrapped in cloth. This was the treas
ure he so long had sought BY the aid
Of the car he got the loan OF the
precious document and took it to
Cairo where he and two assistants
copied the entire manuscript of 110.O0v
lines. The original was finally pre-
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-05-04
AFTER GRIP
Look Out for Trouble.

The after effects Of the Grip are apt
to be serious but a normal healthy
condition may be restored in a sur
prisingly short time by Vinol.
WATERFOWL, Wis.-"After a severe
attack of the Grippe my system was
in a very weakened, nervous and rum
down condition. / began taking Vinol
with the very best results and in a
short time began to feel like an en-
tirely different person and I am bet
ter and stronger than / have been for
years" Adelaide Gamm. eve guar
antee this testimonial to be genuine)
We have never sold in our store
such a valuable strength creator and
health restorer for the convalescent,
the weak and rundown as Vinol, and
we ask people in this vicinity to try
bottle Of Vinol with the understand
ing that their money will be returned
If 1t does not do all we claim for it.
Fout & Porterfield, druggists, 81 Broad
way, Fargo, N. ID.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-05-04
MIN0T WINS OUT TN SUIT
AGAINST NORTH MINO7

cially interested" following the rule
laid down in State Elk rel VS., Carey, 2,
N. D., 40. Hence this proceeding was
properly brought by and entitled in
the name of State, ex rel, I. A. Jo.:a-
son, who was a citizen, taxpayer and
officer of the village CT North Minot.
s. An appellate tribunal cannot go
outside of the record as settled by the
lower court, apd be guided by state
ments of counsel in his brief, which
have not been incorporated into and
made part of the record by such lower
court.
(Syllabus by the court.l
Appeal from district court. Ward
county, Goss, judge.
Special proceedings by writ of certio-
rari on the part of the plaintiff
against the defendants from an order
and judgment setting aside an action
Of the city council Of Minot in attach
ing certain territory. Defendants APP
peal.
Reversed
R.H. Bosard and G. w. Twiford for
appellants.
James Johnson. for respondent.
Opinion by Pollock, special Judge, all
concurring except Morgan. c. j., not
participating, and Goss, r., disqualified.
Hon. Chas. Pollock, Judge Of the
Third judicial district sat in the place
Of Justice Goss. disqualified, by re-
quest.
Case From stutsman.
John ID. Cooke, plaintiff and appel
liant, VS.. Northern Pacific Railway Co..
a foreign corporation, defendant and
respondent.
/. The character OF an action as
brought must be determined by the
complaint.
2, A clause in a special contract
with common carrier which provides
in substance that when property is
Injured, as a condition precedent to
a right of action, plaintiff must give
notice in writing, or any claim for
damages or injury, to the officer or
station agent. before said property Is
removed from the place of destination,
is not prohibited by the provisions of
law limiting the right Of such common
carrier. to ,exonerate itself from GER
tain Liabilities for negligence, fraud
and willful wrongs.
3. Plaintiff, having elected to bring
1iA dSAAOH SA uSiAStOt must stand OF
fall by the allegations made The
power to amend is limited. A new and
distinct cause Of action cannot at
the time of the trial, without consent.
be thrust into a complaint by amend
ment.
4. Certain cases considered and re-
garded as not an authority against,
but rather supporting the procedure
adopted by the parties in this action.
(Syllabus by the court.)
Appeal from the district court OF
Stutsman county, Burke, J.
From an order overruling and deny
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-05-04
LIQUID CURES ECZEMA
WHERE sALvEs FAIL

Ii regard to skin diseases, medical
authorities are now agreed on this:
Don't imprison the disease germs in
your skin by the use OF greasy salves,
and thus encourage them to multiply.
= true cure or all eczematous diseases
can be brought about only BY using the
nealing agents In the form Of q liquid.
WASH THE GERMS QUE.
simple wash: A compound Of Oil
.of Wintergreen, Thynol, and other in
greulents as combined In the ID. ID. ID.
prescription. This generates to the
disease germs and destroys them, then
sootnes and heals the skin as nothing
else has ever done.
70 cent trial bottle will start the
cure and give YOU instant relief
Fout 4 Porterfield, druggists, 81
Broadway, Fargo. N. ID.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-05-04
LACK OF THRIFT.

Americans are far less thrifty than
Europeans.
The French are the best savers in
the world, and study Of their savings
makes Americans appear veritable
spendthrifts.
France has less than one-half as
great population as the United States
yet in 1903 there were 12,s2s,s47 de-
positors in French savings banks-as
against s.473,4s7 in American banks
The average French deposit was s7s
while the average American deposit
was $41.75. This disparity is even
greater when it is considered thai
French laws do not permit savings ac.
counts to exceed sS0o-but require all
sums over that amount to be invested
otherwise.
Americans can learn much of econ.
omy from the frugal Frenchmen. The
increased cost of living will doubtless
bring many persons to a realization
of the necessity for greater care in saw.
ing--and investing money.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-05-04
North Dakota Kernels

A pool room at Mott was burgled
%%@
Neche has some enthusiastic civic
workers.
There was clean up epidemic at
Washburn.
Anamoose may try the market day
proposition.
Fire destroyed Hugh Lymbrum's
home at Hansboro.
| 900
| The reports on the progress of seed :
ing are very encouraging.
The williston Herald is equipped
so it can publish daily.
The Pioneer Press at Mott wants a
night policeman In that town.
900
Little Mac" and his bride were
rendered reception at FLASHER.
900
The Beach Chronicle may consider
itself spanked-by Senator Bessessen.
900
The officials are after the patent
medicines that contain habit forming
drugs.
A stock company has been organic
ed at Fairmount to manufacture a
check valve.
This Is the time OF the year when
people begin to talk about beautify-
ing the cemetery.
600
North naLn+opg nao "a Awrr a.
surance from the state up to So per
acre-at 20 cents per acre.
900
There are likely to be prosecutions
at Williston as a result OF the death
of a girl from criminal operation.
3Qs3
The late moisture was worth whole
lot of millions to North Dakota farm
ers-according to newspaper estimates.
900
Two Neche men drank some for
maldehyde by mistake and the ar
rival Of doc with a stomach pump
helped some.
1t is claimed that while shaving
himself an Omemee man cut a cash
in his wife's arm that required several
stitches to close.
900
The Cleveland Leader insists that
George Wallace. formerly of that
place, was not frozen to death out
west last winter, as reported.
900
Many drivers do not realize that
they are compelled by law to turn
out to the right and give half the
road when overtaken by an auto.
600
A colored hobo was cooking a meal
under a Milwaukee bridge in Adams
county and set 1T on fire. He was
arrested but afterwards discharged.
900
Two former subjects of the car got
after a. resident of Sheridan county
and claimed he had made too many
visits to their widowed sister, He
settled for 800.
Upham is suffering from an en-
forced drouth as result of a recent
visit Of the officials to that point.
Several witnesses were examined and
some discriminating evidence secured
against two or three men.
900
The McClusky Gazette thinks the vi
tai statistics report from Sheridan
county is a joke. More deaths and
births have occurred right in Nc
Clusky than reported in the entire
county-and Ed Moore says Martin |
is still unheard from-and they breed |
down there like Belgian hares.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-05-04
THURSDAY, MAY 4, 1911.
FARGO SHOULD WAKE UP.

This fine weather, the spring season
the splendid crop prospects, improved
business conditions and many other
features should be an inspiration to dc
something for Fargo.
Fargo needs a reawakening. 1t has
gone through an era OF depression in a
i business way-nothing serious-but a
failure to keep up to old records and
standards.
There has been slump in CONNER
cial circles. This has been due to sew
. eral causes. The poor crops over this
state and other parts Of the northwest
was the chief factor.
The inactivity of the management Of
the present commercial organization
has contributed to present conditions.
This is to be overcome by reorgan-
lZation OF the club--and it is hoped, by
securing officials who will inject new
life into the business and civic affairs
Of Fargo.
A real live wire secretary is OF the
utmost Importance. The club needs a
secretary Of ability-not a man who
has been life time pensioner.
Fargo needs glngering up. 1t should
be aroused from its lethargy.
1t is potential in great possibilities.
It has unlimited natural advantages
is fortunate in It's location-its rail-
road facilities-and other means of
communication. The city leads along
financial, commercial, educational and
religious lines.
All 1t needs is little steering in the
right direction--a little pull here and a
boost there. Why not have it?
There is nothing fundamentally the
matter with Fargo. 1t is just case of
a failure to properly utilize Its superb
advantages.
Local forces are not co-ordinated.
There is not proper articulation OF
the organizations that can boost.
There are no harsh clashes between
individuals and interests. The chief
trouble is lack of sentiment and de-
sign on the part of the business and
the civic forces.
There is an absence or that ener-
getic oneness of purpose that makes
the difference between mere drifting
and glittering success.
The essential thing is a more inteII-
gent and closer attention to the de-
tails Of Fargo's city life. There should
be q cooperation with and a more
sympathetic response to the varying
demands Of the interdependent local
forces.
A change Of policy--under proper di-
rection-will enable the city to use all
its talent all its wealth - all it's
strength for the good of all the people
Of Fargo.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-05-04

scented to the car, and is now in the
imperial library at st. Petersburg, 1T is
written on the finest and best quality
or antelope skins cut to a uniform size
or thirteen and one-haIf inches by
fourteen and seven -eighths inches. 1t is
the nearest complete and oldest, with
the exception Of the vatican manu-
script, of all the ancient Greek manu-
scripts of the new testament.
DR.. Beard will speak upon How We
Got Our Bible for the next four sun
day nights, using the stereopticon to
aid in illustration,
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-05-04

Shields il to have $4,000 hotel.
Deering is after better fire protec.
tion.
Another attorney has located al
Beach.
The Carson Commercial club gave q
smoker.
Where IS the daily edition Of The
Bottineau boasts one of the best
bands in the state.
Medina still has attractions for
Editor Ratcliff OF Darcy.
900
Mott secured a new band leader in
]. J. Johnson of New York.
900
The question of a new school build
ing at Wilton Is still in doubt
900
Some one will have to spank those
scrappy editors in Dunn county.
The grounds around the Bradford
hotel at Lisbon are being improved.
&IS9fNH
You can tell the public spirited peo-
pie by Subbering at their back yards.
Three new Congregational churches
have been organized at points around
Wilton.
The Wade brothers Of Wilton who
moved to Nebraska, didn't like it and
are back.
Havre Olson of Palermo is prepar-
ing to colonize some immigrants from
Jerusalem.
There is a great deal OF rivalry for
county seat honors on the Standing
Rock reservation.
900
Boards of education in many parts
of the state are endeavoring to i'm
prove the schools.
900
There are papers in the state get
ting an insufficient amount of adver-
Using to pay expenses.
"Bill'' WATSON OF Sheridan county.
is becoming as famous as a hen rails
er as he was formerly an editor.
900
Frank Drake. of South Valley Rolet-
tie county, captured twenty five coy
otes and received a $3.50 bounty on
each.
@@@
The Mercer Telegram, not satisfied
with one libel SUIT, seems to be after
another-and is going after the states
attorney.
The telephone war at Deering re-
suited In patrons of the company
signing a petition for the removal of
their phones.
Use the road drag after every
shower--and your neighbors viii call
you blessed--and the autoists will
sing your praises far and wide.
go
A South Dakota liveryman chased
a man to Lisbon and had him taken
into custody on horse stealing
charge. 1t seems the young fellow
who hired the rig had sweetheart
near Lisbon and remained longer
than he intended.
@1$
New England had a fellow who
fiourished a gun and the weapon was
accidently discharged. the load going
into the shoulder of a friend. The
man who points a gun at another
should be shot on. the spot--and IL he
imagines the gun is empty, he ought
to be shot about twice, the last time
fatally.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-05-04

ar The Canadian northwest adver-
tises itself as sunny and delightful
but the government appears to believe
the climate is too cold and raw for the
negroes. If the U. S. annexes Canada
what about 1t then?
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-05-04

For soreness Of the muscles whether
induced by violent exercise or injury,
Chamberlain's Eminent is excellent.
This Eminent is also highly esteemed
for the relief it affords in cases OF
rheumatism. Sold by all dealers.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-05-04

s8' Give Fargo an extension of the
Milwaukee beyond this point-and the
500 into the city-and then watch
things grow.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-05-04

Il Fargo possesses many great ad-
vantages. Some of them are being
properly exploited-then there are
others.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-05-04

ing motion for new trial plaintiff
appeals.
Affirmed.
John Knauf and S. e. Ellsworth, for
appellant; Ball, Watson, Young &
Lawrence for respondent.
Opinion by Pollock, special Judge,
all concurring except Morgan, c. ].
Justice Burke, being disqualified,
did not participate. Hon. Chas. A.
Pollock of the Third Judicial district
sitting in his place by request.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-05-04
HeIpI HeTpI

Now is the time ror FARMERS to or
der the season help. We can furnish
the very best at once. OLSON En-
ployment Co., 81 N. p. avenue, Fargo.
Phone 5SS.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-05-04

fs' How would you like to be a farm
er this weather-and dig into the soil
a little-and see things grow?
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-05-04

The Fargo Forum and Republican Is
published every evening except Sunday in
The Forum Building. corner or First ave-
Subscription The Fargo Forum AMI
Daily Republican, by carrier. 15c per week,
or 4Oc per month, In advance: So per year.
The Fargo Forum and Weekly Republican,
81 per year. The Fargo Forum and Sat
urday Republican. ~ per year. Single
copies, Sc. Subscribers will dnd the date
TO which they have paid, printed opposite
their names on the address slips.
Address all communications to The Forum
Printing Co., Fargo. ". ID.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-05-04

"a The people Of Fargo are anxious
for the committee on reorganization of
the commercial club to get busy.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-05-04

rs With the hot waves OF legal ora
tory spent at Bismarck-the senators
are the center of attraction.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-05-04
THAT POSTAL DEFICIT.


The st. Louis Globe Democrat has
the following editorial that shows the
p. o. department has made good in a
financial way--whatever some of the
detractors of Postmaster General
Hitchcock think or say of him along
some other lines:
Postmaster General Hitchcock has
some excuse for being jubilant in his
statement that the department over
which he presi1es has at last placed
itself on paying basis. The shortage
| of $l7,600,000 of a few years ago has
been steadily diminished and now IL
has virtually disappeared. Moreover,
he says that the change has been
brought about, not by curtailing the
activities Of the postal service, but by
extending them. His department does
more and better work now, so he de-
clares, than It ever did in the past
ar Some weather!
kB' North Dakota has great posi-
bilities in highway construction.
az The Bible is the only big seller
that some Indiana man hasn't claimed
he wrote.
sg' A visitor to Fargo the other day
says the name of the place should be
changed to Autoville.
AZ The trial of Deitz down at Hay
ward is about the greatest joke since
the Cowan impeachment.
rs With the hot waves of legal ora
tory spent at Bismarck-the senator's
are the center of attraction.
a. The people Of Fargo are anxious
for the committee on reorganization of
the commercial club to get busy.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-05-04

EB' North Dakota has great possi-
bilities in highway construction.