davidaulloa/AmericanStories huggingface dataset:
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-06-15

urban road enterprise, to be construct
sixty miles, with branch lines to Keo
kuk, Carthage and Ft. Madison, met
in this city Friday evening at the
Hotel Quincy.
Henry Dayton of this city, chair
man of the temporary organization eff
fected some weeks ago at Keokuk,
presided over this conference, With
Fred Salm of Navoo as secretary.
Those present at this informal con-
ference We're: Nauvoo. ]. NJ. Fisher,
president of the State Bank DR. H..
b. Hobbs. Fred Salm, cashier of
First National bank; FIT. Madison, Mr..
Hall, representing the Chamber OF
Commerce: Warsaw, exMayor Elk
bohm; Keokuk, N d. Pound, the pro-
moter; Quincy, H. F. Dayton, w. j..
Singleton, ]. H. Bastert, Judge S. B.
Montgomery, Harvey Riggs, Loren c.
Cox, Nanny Dick and W. H. Covert
The conference heard the report Or
the committee selected to go over the
/ proposed route and learn by the gath
ering of data and facts, whether or
not an interurban over the route indi-
Gated would pay. The report contains
the statement that such a line prop
erly built and managed would pay.
| This report was agreeably received by
the committee of sound business men,
| and while 1T is not the wish of these
men to father project built on paper,
and stop there, they are determined
to follow up all the information o.
value they can obtain, and in time
hope to have something tangible to
make public. but until that time shall
arrive. no statements will be made.
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-06-15
COMMENCEMENT
ON JUNE 81
Hamilton High School Exercises Are
To be Held on Longest Day of
the Year.

HAMILTON, June 15.-Miss Fran
ces Parsons was the guest of friends
in Bowen over Sunday.
Mrs. H. G. Waggoner and children
of Memphis, Mo-, are visiting friends
in Hamilton
Raymond O'Brien of Peoria, return
ed to his home Monday after a
weeks visit with relatives.
Mr. and Mrs. D. l.. Conklin visited
in Monmouth this week, the guest Of
Mr.. and Mrs X. C. Ventress.
Mr.. and Mrs. Henry Veith an
nounce the birth of son born Sun
day. June 18th.
Mrs. Guy Houston, accompanied by
Tavern Houston, who has been visit
ing here. left Wednesday for few
DAYS visit in La Harpe,
Mrs. o. U. Emery of FIT. Madison
is in Hamilton this week as the guest
of Mrs. Bert Byers.
John Smitz and family are moving
to their new home in the Bridges adj
dition.
Mrs. Lon Ashlock returned Satur-
day from business trip to Peoria
Mr.. and Mrs H. Shaw are in Bur.
/ lington this week.
/ The commencement of the Hamil-
ton High school will be held June 21
The Bacceleaurate address will be
delivered by Rev Porter Sundey eve
ming, June 18th.
Miss Jennie Elder of Quincy was
a Hamilton visitor the first of the
week
Hamilton has decided to have a
quiet Fourth instead of the celebra
tion as was planned early in the
season
La Monte's show is here today This
show comes well recommended from
( the places in which it has shown.
i B. e. Russell and family will occu.
by the new home recently erected by
Ed. Ruhs.
Prof. and Mrs. c. H. Decker OF
Prairie City are being entertained al
the c. P. Dadant home this week
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-06-15
COMMENCEMENT
At ST. PETERS
Ear First Time In keokuk Exercises
Are Held in Church, Custom
Being Distinctly New
One.
THE EVENINGS SERMON
II Was Delivered by Rev. Thomas F..
eallinsan Of Burlington,
Formerly an Assist
ant Hero

Beautiful and impressive were the
annual commencement exercises of
St. Peters high school which were
held last evening at 7:30 o'clock in
st Peters Catholic church. For the
first time in Keokuk the custom of
holding the commencement day pro-
gram for the graduates in a church
was carried out and the large edifice
was crowded to the doors. Through
out the exercises, concluded by bene-
dicticn of the Blessed Sacrament.
we're in the form of sacred concert.
The graduating class was composed
OF four in the CLASSICAL course, seven
In the commercial course and one post
graduate
The baccalaureate sermon was de.
livered by Reverend Thomas F. CALI
gan of Burlington Iowa, who was for
merly assistant pastor of ST Peters
church under the late Rev. Thomas
O'Reilly. His sermon was a forceful
one and carried q message home to
the graduating class. Father Galligan
also made the presentation OF
diplomas and the medal in
Christian Doctrine, which was
awarded to Harry B. Grim
Minis This medal was given by De
La Sale Council, Knights of Column
bus. The vocal music of the evening
was under the direction of Miss Julia
Connolly. Benediction was said by
Very Rev James w. Gillespie, pastor
Of st. Peters.
Program.
Vocal duet Il Dwell a Captive in
the Sacred Heart" Rubenstein-Sen-
Tor Girls
Vocal quartette, "Sit Nomen Domini
Benedction," Casliero- High School.
Comforting of Diplomas, Certificates,
and Gold Medal for Christian Doc
trine
Chorus, The Heavens are Telling,
Josef Hayden High School
"The Angelus,' ST. Basils Hymnal
Soprano solo, Marie Moeller; tenor
solo, James Griffith chorus, Gradual
ing Classes.
Baccalaureate sermon Reverend
Thomas F. Galligan
Lauda Sion,'' Iaumbillotte-So-
prano, Genevieve Crotty: alto, Ruth
Miller; tenor, Joseph Greaves; bass,
Harry B, Crimmins; chorus, High
School.
Benediction of the Blessed Sacra-
ment
Hymn of Praise TO God, German
Choral-High School.
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-06-15

Prof Decker was superintendent of
our public schools for a number of
years.
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-06-15
Beware of Ointments for Ca,
tarrh that Contain Mercury

as mercur, will surely destroy the sense
Of smell and completely derange the
the mucous surfaces. Such articles
should never be used except on presorlp-
tons from reputable physicians. is the
good you can possibly derive from them.
Halls Catarrh Cure. manufactured BY
F. ]. Cheney & Co., Toledo. O.. CON
tains no mercury, anu is taken inter-
and mucous surfaces of the system In
buying Halls Catarrh Cure be sure you
get the genuine. 1t Is taken Internally
;lu made in Toledo, Ohio by E. j.
Cheney & CO. Testimonials free
So by Druggists. Price, 75c per bot
! tie.
| ton.
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-06-15
LITTLE CYCLONE
NEAR ELVASTON
se,xraI Small Buildings Torn to
Pieces Saturday Afternoon by
the Wind.

There was a miniature cyclone over
in Hancock county last Saturday af-
ternoon when the wind swept along
a half mile south of Elvaston at a
terrific rate and did some damage
to buildings and fruit trees.
The hay barn at the George Well
farm was lifted from its foundation
and carried two feet but was left in
tact while many smaller outbuildings
We're torn to pieces.
Before the rain and wind, the mer-
curry had broken all records for June
in that vicinity, marking 1o3 in the
shade.
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-06-15

aching, swollen feet remarkably fresh
and sore proof
It's the sure remedy, you know, for
everything that gets the matter with
your feet It's for sore feet and for
sweaty, badsmelling feet, and for
corns, callouses and bunions, too
For years have been troubled
with sore and tender feet; suffered
intense pains. Have had the assist
ance Of physicians without relief. |
bought box Of Tlz, which worked
a perfect cure, as it has with a great
many of my friends. ! would not be
without it. All it requires is to be
known to be universally used" A..
F. Dreutzer, Chicago.
TIZ is not a powder Powders AMI
other foot remedies clog up the pores
TIZ draws out all poisonous exuda-
tions which bring on soreness of the
feet, and is the only remedy tha.
does. TIZ cleans out every lore and
glorifies the feet-your feet.
You'll never limp again or draw up
your face in pain, anl you'll forget
about your corns, bun'ons and cal
louses. You'll feel Ike a new per-
SON.
TIZ is for sale at all druggists, rs
cents per box, or it will be sent you
direct, II vou wish, from Walter
Luther 1e & Co., Chicago, Ill.
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-06-15
RACE MATINEE
NEXT SATURDAY
A Number of keokuk Horses Are En-
tered in Three Events to be
Run at Fair Grounds.

The first summer matinee of the
season will be held at the fair grounds
on next Saturday The cream of keo-
kuk's racing talent is entered. The
entries follow.
Happy Dan, owned by j. Locke.
Little All, owned by NJ. A. .Rayburn
Lon H, owned by DIR. McCreary
Little Macwood, owned by DR.. Nc
Creary.
2:so Pace.
Bob Heir, owned by Jas. Hirst.
Paddy Mac c., owned by j. Cham
bers.
Billie skiddoo. owned by Dick Lat.
ty.
Tornett, owned by DR.. McCreary.
HaIf-Mle Dash-Running Race.
Mate, owned by Harry Dietz.
Caroline owned by Harry Dietz
Black Beauty, owned by Mr.. Bash.
Red Bird, owned by Mr.. Dedman.
Admission CSC. Racing at $50 p
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-06-15

The uniform success that has at
tended the use of Chamberlain's Collie,
Cholera and Diarrhoea Remedy has
made it favorite everywhere. 1t
can always be depended upon. For
sale by all dealers.
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-06-15
FEASIBILITY OF
INTERURBAN LINES
Meeting Held at Quincy of Committee
Which Is Looking Into
Construction.

QUINCY, H.. June 15.-A meeting
Of representatives of Quincy and other
up river cities in the proposed inter
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-11
OREGON SUPREME COURT DECISIONS
Full Text Published BY Courtesy Of r A. Turner Reporter
Supreme Court

ceeded with them TO Curry county, s.
w. Purdy accompanying them during
a part Of the journey.
Plaintiff testifies that after arriv-
ing near the land in Curry county he
made an agreement with defendant,
whereby the latter was to pay him for
his services; that defendant said he
would see him paid, that he would
pay the location fee, further testify
ing, "He asked me to see II l could
get It from Van Keuren as he was to
pay the money" To the question,
What understanding did you have
with Van Keuren, before these men
came DOWN." plaintiff replied, Sim
ply as a favor to Van Keuren that
would locate his friends" %. Did
Mr.. Harris have a letter? A. Yes
sir. Q. What was contained in that
letter? A. Mr.. Harris letter read
like this: Locate Harris and brother,
they have the money to pay their To-
cation, and we will come good for 1t.
He did not state whether they had it
with them or not. You can hold us
good for the amount is the words
used"
F. e. Harris, defendant, testifies
that he made arrangements with Van
Keuren to be located on a timber
claim; II he filed on the land he was
to pay the sum of $500, and If he did
not file 1t would cost him nothing;
that at that time he was not acquaint-
ed with plaintiff, having never seen or
communicated with him, or with any
Of the Purdys. 'Mr. Van Keuren
made the arrangements and told us
that we would meet him at The
Dalles." They met Purdy at The
Dalles, to whom they gave the note
from Van Keuren, such note in sub
stance stating to locate the Harris
boys on a timber and stone claim and
he would stand good for 1t. After
they were located they went home
and settled with Van Keuren for the
location fees, for which fees, nearly
a year afterwards, Purdy asked; that
neither on this trip to the land, or al
any time subsequent to defendants
meeting him at The Dalles did plain.
tiff sy anything about either the loca
tion fee or the manner of payment.
Bean, j. Defendant contends tha
the trial court erred in excluding ora
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-11
SUPREME COURT PASSES UPON QUESTION
OF INCLUDING OR EXCLUDING DAYS

Purdy. While S. W. Purdy was not
a party to the action. the evidence
strongly tends to show that he was
an active participant in the transac-
ton. and that Il was. partly al least,
on account Of this letter that the sew
eral men came TO oregon and were
located upon claims by plaintiff. II
also appears that plaintiff had made
no examination OF the claims, but that
his brother, s. W. Purdy, had. In our
opinion a person cannot avail him
self Of the benefit Of an arrangement
made by another, either as his agent
or as an interested party, and at the
same time disavow the authority Of
the writer OF the letter pertaining to
the transaction. The latter part Of
the letter is material in tending to
evidence as to the contents of a let
ter written by S. W. Purdy to ]. H..
Van Keuren, in regard to locating de-
fendant, concerning which the testi-
mony of Van Keuren in behalf Of de-
fendant was taken by deposition, as
follows: "State what those negotia-
tions were, giving circumstances? A.
| received a letter from S. w. Purdy
from oregon, stating-(objected to by
counsel for plaintiff) @. Where is
that letter? A. l haven't the letter.
Q. Have you looked for the letter?
A. looked for it; 1t was on the desk
and the Purdys had access to the
desk Q. You were unable to find
the letter? A. Yes, sir. @. You
may state it's contents them" Plain
tiff's counsel objected to oral testi-
mony in this regard, for the reasons,
~ that the letter was the best evil
dence, and proper foundation had not
been laid for the admission of oral
testimony relative thereto. and (2)
that this letter from S. w. Purdy was
from one not party to the action
upon which latter point it would seem
the court sustained the objection, as
the statement of the witness that he
had endeavored to find the letter and
was unable to do so, was unchallenged
by any cross-examination To this
ruling defendant duly saved an excep.
ton. Witnesses answer to the exclud-
ed question was: "It stated that II
Mr.. Highbee and l had any friends in
Idaho that wished locations there, II
we were good for them we could senG
them down and they would locate
these parties and the deal would
practically be with u.s." Further tes'
tifying, that the writer of the letter
was brother Of the plaintiff, ]. T
Purdy; they were working together
in the timber business, and he anC
his partner paid the location fees t
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-11
J. 7. Purdy VS.. p. E. Harris, Douglas
County.

The Hon. J. W. Hamilton, Judge
Argued and submitted February 10,
1911. o. P. Coshow (Coshow & Rice
on the brieD, attorneys for respond
ent James D. Watson edwin Nc
Bee and Cardwell & Watson on the
brieD, attorneys for respondent
Bean ]. Reversed.
This is an action to recover the sum
Of $500 for services alleged to have
been rendered by plaintiff in locating
defendant upon a quarter section Of
timber land. Upon trial before a jury
verdict was rendered in favor Of
plaintiff, and from a judgment there
on defendant appeals.
The complaint alleges the perform
ance Of the services at the request Of
defendant, who promised and agreed
to pay therefor as soon as he had filed
in the United States land office at
Roseburg his application to purchase
the land, which 1t is alleged has been
done.
In his answer defendant denies that
plaintiff performed the service, or
that he ever promised to pay plaintiff
therefor; he admits that he filed his
application for the land, and alleges
that he entered into a cotnract with
one ]. H. Van Keuren, who was to,
and did, locate him upon the land de-
scribed, and that he fully paid the
latter for said location.
Plaintiff, in his reply, denies the
allegations contained in the answer.
II appears there was some corre-
spondence between S. w. Purdy and
J. H. Van Keuren, of Cataldo, Idaho,
in regard to locating some friends
of Van Keuren upon land In Oregon,
and that in pursuance thereto, and to
conversations between ]. T. and S. W.
Purdy and j. H. Van Keuren of the
firm Of Van Keuren & Highbee, the
defendant +. Il. Harris, Herbert Har-
ris, his brother, w. Hughes and o. s
Gilbert, came from Idaho to Oregon
for the purpose of locating upon land
each bringing letter to one of the
Purdys from ]. H. Van Keuren, re.
questing that the holder of the letter
be located upon timber land. ]. T
Purdy, the plaintiff, met these peo.
pie at The Dalles, Oregon, and pro
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-11

Upon the other hand n you should
ind from the evidence that the de-
fendant did have a settlement or paid
Van Reuren. but that the contract was
az plaintiff alleges In his complaint
and was unauthorized. then plaintiff
would be entitled 10 recover, notwith-
standing that he did have some kind
OF a settlement with Van Keuren.' ~
The following sentence. This case
depends upon the issues that are
made here. that is on the question Of
employment" It is claimed, tends to
narrow the instruction, and prac-
tlcally takes from the jury the ques-
ton OF payment or settlement by
plaintiff with Van Keuren in any
event.
Taking all the instructions together,
It would seem that they were to the
effect that II the jury found that the
contract was made by defendant with
plaintiff, and the services were per-
formed at an agreed price, then the
plaintiff was entitled to recover, not
withstanding defendant may have
made settlement with Van Keuren,
and the latter had settled with and
paid plaintiff for the services, or that
he was authorized by plaintiff to re-
ceive payment.
| Defendant requested the court to
give the following instruction: "lf
you find from the evidence that ]. H
Van Keuren was acting under the au-
thority of the plaintiff in securing
the defendant for location, and made
an agreement with the defendant for
the fees, then l instruct you that a
payment to Van Keuren was a pay.
ment to plaintiff and you must FIND
for the defendant" While this in.
struction is not explicit, and does moi
clearly present the question as tC
whether Van Keuren was authorized
to make settlement or receive pay
ment, we think the substance thereo
should have been given, and that thu
matter of settlement was not fully ad
mitted to the jury.
Plaintiffs counsel contends tha
the defendant was not entitled to an!
instruction with reference to the set
tlement with Van Keuren, for the rea
son that defendant had not pleaded
payment to plaintiff. While the an
swer of defendant is general in it
allegations, he does allege a paymen
to Van Keuren, and claims that Val
Keuren was a principal in the max
ing of the contract and, in so far a
the introduction of the testimony i
concerned, the case seems to hav
, been tried as though the question o
, settlement was properly in issue, tn
: trial court appearing to have treatet
, the answer as an allegation Of pay
I ment. No objection was made b.
!. plaintiff to the introduction of testi
uony upon this ground, nor tn
, question in any way raised, excep
, by motion to strike out the evidence
If defendant paid or settled wit
Van Keuren for the amount involve,
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-11
N. A. ZeIig VS.. The Blue Point Oyster
Co., MultnOmah County.

Hon. W. N. Gatens, Judge. On mo-
ton to dismiss Claude Strahan and
Waldemar Seton, attorneys for ap-
pellants. julius Silverstone attor-
ney for respondent Burnett, ]. APP
peal dismissed.
In this case, after a trial before the
court judgment was rendered and
entered of record February 26, 1910,
at the February term of the Circuit
court of Multnomah county. On
March 3, 1910, upon a stipulation of
the parties the court ordered that
the defendants have up to and includ-
ing the 5th day of March, 1910, in
which to file exceptions to the find
ings of fact and conclusions of law
heretofore signed and entered by the
court February rs, 1910, in favor of
plaintiff and to offer findings of fact
and conclusions of law on behalf of
the defendants, and that all of the
same may be filed nunc pro tune as
of February 26, 1910" Nothing, how
ever, was filed in pursuance of this
order until March Z, that being the
first day Of the succeeding March
term of the circuit court. On March
%, 1910 on the ex parte application
of plaintiffs counsel, the court en-
tered an order vacating the judgment
of February 26, 1910 and directing
that the case be considered as wait,
ing the action of the court upon the
findings of fact and conclusions of Law
and the exceptions of the defendants
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-11

IN this case. and Van Keuren settled
therefor with. or paid the same to,
plaintir, then q would be immaterial
whether Van Keuren was acting as
principal or agent In making the
agreement in the first instance. In
other words. II plaintiff settled the
fee in question with Van Kenren or
Van Keuren & Hlghbee he would
thereby ratify the act Of Van Keuren
in making the agreement, and settling
with. and receiving payment from de-
fendant.
Defendant also assigns error in the
ruling OF the court, sustaining the OBJ
lection OF counsel for plaintiff, to the
question pronounced to Herbert Har-
ris. a witness in defendants behalf;
did ]. T. Purdy on that trip say any
thing to you about the payment Of the
location fee for your claim?" This
question suggests no material answer
No answer thereto or to the other
questions not mentioned, to which OBJ
jections we're made and sustained
was rendered, and the record does moi
disclose what evidence the defendant
intended to elicit from the witness
This court, therefore, cannot say
that the rights of the defendant were
in any way prejudiced by the exclu
sion of the evidence.
For the reasons indicated the judg
ment of the lower court is reversed
and new trial ordered.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-11

to the same. and the r,o,...
defendants that the court MAJ. = u
findings. On March q bo,s ,' o.a''
appeared. and after sr,u,, p-'usi
court overruled the deisna,,,,. as
oeptions and their reqpsa a.. IL
court make other findings on ~, Ae
49, both parties appearipr. 49,. -.'''a
gument the court entered An
vaeating the order Of March ;, V'S ,s,a
which was itself an order ,..' 's'''
the Judgment of February % ,s,s
and reinstated the judgmen, :, ,s,'' r
ruary 26. From time to tIms ~, W
after the defendants applied - I"
circuit court and were graptaa I. '
five extensions Of time in ub,..
file a transcript in this cour, "
finally. on September 80, 1910 on =.
ton Of the defendants and bv co,.-S.
OF the plaintiff, the circuit cou,,
dered that defendants have nm .
and including the second day Of oc,s
ber' 1910, in which to prepare a.,
file a transcript of the record b.ra.
in the Supreme court of the state !,
Oregon" The transcript was filsd !.
this court October 3, 1910. The nlon
tiff and respondent now moyes \,
dismiss the appeal for two reason,
in substance: first, because the n,
ders made by the Circuit court dn,
ing its March term are final order,
and from them and not from INA
Judgment Of February 26 rendered ~
! the February term must the anns,,
be taken; and, second, because n.
transcript was not filed within m.
time allowed by the order of Septem
ber 80, 1910.
Burnett, ]. The court having rer.
dered a final Judgment on Februa,y
26, 1910, its power to amend the Sams
lapsed with the end of the Febuar
term except for mere clerical errors
but not for matters of substance I'M.
less the court retained its jurisdlctio
over it for subsequent purposes BY
means Of the filing of a motion 70,
a new trial or some such means. On.
portunity was given thus to keen tha
Judgment within the breast of the
court by filing exceptions to the find,
ings and motion to the court to rem.
, der other findings, but this opportun.
ty was allowed to lapse and, 50 far
as the record before us discloses
/ nothing was done at the FebruaU
term that would retain the judgment
} in this case within the bosom of tht
) court; hence the power of the cour
: over that judgment ceased with tn
5 end of its February term. Deering '
e Quivey, 26 Or. 556; Henrichsen '
Smith, 29 Or. ATS; Alexander V. Ling
4 81 Or. 222. Therefore the orders D
a the court rendered at its March tern
= in this action may be considered vol
t and, although as such void order
8 they might be appealable on the doe
: trine Of Smith v. Ellendale Mill Co,
e Or. 70, and kindred cases, yet, beln