davidaulloa/AmericanStories huggingface dataset:
Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1911-07-21
CONTINUED Next Week. }
The 1910 Year Book.

The seventeenth volume of the
book (191O) will soon be issued by
the U. S. department of agriculture.
In appearance and makeup it differs
but little from it's predecessors; it
contains % articles; 49 full page IL
Illustrations, of which are colored;
and 81 text figures.
The departments appreciation of
the service of the late Senator Jona-
than Prentiss Dolliver rendered to
agriculture during his public career
is expressed in the selection of
portrait of him as frontispiece
The fourteenth annual report of
the secretary, for the fiscal year end
ed June 80, 1910, occupies the first
1856 pages and gives the general re
port of the operations of the depart
ment," which, under the law, must
form part of the volume. This re-
port, supplemented by the statistical
matter found in the appendix, gives
a more complete and comprehensive
summary of agricultural conditions
in the United States than can be
found in any other single publica-
ton.
The next 800 pages, divided be-
tween % articles contributed by
many members of the scientific force
of the department, contain data up
on many of the important questions
now prominent in the public eye, and
equally vital to the agricultural and
urban population both as producers
and consumers of the food stuff Of
the nation.
The Importance of the forests to
the residents of the country and the
prominence of that subject in depart
ment work is reflected in four papers,
namely, the Management of Second
Growth Sprout Forest, Progress in
Saving Forest Waste, Fire Proven
ton and Control on the National
Forests, and Injuries to Forests and
Forest Products by Round-headed
| Borers.
Settlers In many parts of the west
will be interested in the two papers
relating to the Agricultural Duty of
Water, and Mountain Snowfall OBJ
sevrations and Evaporation Investi-
cations in the United States, while
everyone will be interested in the
two articles, one on the Progress and
Present Status of the Good Roads
Movement in the United States, and
the other, describing the Use of Bit
luminous Dust Preventives and Road
Binders.
Those engaged in animal husban-
dry will find the discussion of some
of the more important ticks of the
United States most timely, and the
Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1911-07-21

Many communities and districts In
the Pacific Northwest are making
plans to attend the land shows In
the east this fall. New York's dis
play promises to be the most preten-
tious. 1t is lining up the best pos
sible exhibits, with the aid Of all the
transcontinental railways. This will
be New York's first land show and
some novel features are boing ex-
plotted. Chicago will hold her third
show in November Each years at
traction has been better than the pre-
ceding one. The Omaha land show
is also signing up exhibitors. All in
all, it won't be difficult to get large
audience all over the east, and some
good results can be expected.
Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1911-07-21

According to the State Tax Com
MISSIONS latest report, the per capita
tax in the State Of Washington
amounts to 1857. The variation
from this average shows Kitsap coun-
ty to be the lowest with $11.52 per
person and Clallam county the high
est with $38.G8 per person. The to-
tai amount of taxes levied in Wash
ington last year amounted to $27,-
3,979.84. The assessed valuation
of all property in the state amounted
to 1906, 247,944, which cut up
would give each person property
valued at $793.57. On the basis Of
actual value, each persons share
would amount to $2,064.38.
Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1911-07-21

The millers Of the Pacific North
west are planning to develop a de-
mand for their products In Europe,
in order to get ready for the trade
possibilities that will follow the
opening of the Panama canal. At
their latest meeting in Tacoma, IL
was proposed by o. D. Fisher of the
Fisher FIGURING Mills Company of
Seattle, that a uniform brand OF
flour be adopted by all the mills for
the European trade; this to be adyer-
tised extensively and introduced
abroad with the cooperation of the
steamship companies. For the time
being, the mill products are to be
sold at cost in order to build for the
future, depending on that time to
bring the profit. Some years ago
the millers of Kansas worked out a
similar plan successfully. Its pur-
pose was to exploit Kansas flour
rather than the product of any par
ticular mill. Mr.. Fishers proposal
was enthusiastically received and
the details are now being worked
out. Since wheat is one of the larg-
est initial products of the Pacific
Northwest, this project means much
to the section. Europe consumes
high-grade -four. If it can be ground
here and shipped abroad as -four. in
stead of exported as wheat, 1t will
lead to substantial increases In
Northwest payrolls.
Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1911-07-21
lacking in some finer qualities of real
manhood. - Progressive Farmer
(Miss.)
Rural Carriers to Get increase

According to an announcement
made by Postmaster General Hitch
cock, rural free delivery carriers
throughout the United States are tn
be paid a salary increase of 800 n
year, which will mean an additional
expenditure of $4,000, 900 during the
present fiscal year.
Congress provided last session for
the expenditure of this extra $4,000
600, but left 1t to the discretion Of
the postmaster general as to how
much of 1t should be expended. Mr..
Hitchcock has decided to authori "a
the expenditure of the full amount.
His desire to compensate the car
rlers for any additional burden
which may be placed on them IL the
parcel post system he has recon-
mended for rural routes Is approved
by congress was the important con-
sideration Mr.. Hitchcock declared
that led him to make the authorize
ton.
In the current year the rural SER
vice will cost the government about
$4,000, 900. the estimated loss be-
ing about $4,000. The postmaster
general expressed the belief that the
parcel post would insure the main
tenance and extension of the rural
free delivery service as a self-sup-
porting branch of the postal service.
Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1911-07-21
Cost Of arsenate of Load

Cost of arsenate of lead
cost per pound ...... .15
Ten gallons for one tree. .O375
Application per tree. ..... .O22
Cost of thinning l acre 10 to rs
This cost is five and one-half cents
cheaper than raising and marketing
one box Of irrigated fruit.
Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1911-07-21

Keep your chicks on dry ground.
where they can get no red worms,
and they are not likely to have gapes.
Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1911-07-21

Someone who has not been asleep
all the time during recent years has
said: Cement and alfalfa are go
ing to make western farmers the
most Independent people on earth. i"
Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1911-07-21

Under domestication the hog mas
become an animal of wide distribu-
ton.
Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1911-07-21

A weap point in dairying is the
lack of cleanliness at all times and
In all things.
Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1911-07-21

Treating small grains with forma-
lin is too important to be overlooked
by farmers.
Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1911-07-21

Strawberries work in well with
vegetable growing.
Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1911-07-21

To give profitable returns dairy
cows must be well bred, well fed and
well managed.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-18
DESPISE NOT TRIPLES
SAYS JUSTICE M'BRIDE
Small Coins Are Useful in Buying Bread and Necessary to
Enable the Mser to Contribute to Charity--SOme Nice
Points in Regard to the LOC alton Of Water Decided in
Maheur County Case.

amount paid at the sale. In suit
in equity where like conditions ex-
ist we think the court, in its dis
cretion, may allow the answer to be
amended at any time so as to permit
the tender. OF course, IL there is
anything in the circumstances at
tending defendants delay to tender
the money sooner, which indicates
inexcusable neglect or bad faith it
is within the power Of the court to
refuse to permit the amended plead
ing to be filed and 10 deny the
defendant relief. The law has not
made an inadvertent failure to com
ply with the statue ground for
absolute forfeiture Of defendants
estate in the property land we shall
net do so by construction.
We are also asked to decide
whether defendant was the real
party in interest when he applied
for leave to answer. 1t appeared
from the testimony that, previous to
asking leave to file his answer in
this case, he made qult-clalm deed
Of the property in controversy to one
Dysart, but that both he and Dysart
testified that the deed was intended
merely as a mortgage to obtain
money to carry on this litigation
and this is not contradlcted. A deed
intended as a mortgage will be
treated as such so far as the courts
can do so without injury to the
rights of third parties. Both defend.
ant and Dysart have estopped them
selves by their affldavits filed in
this case from claiming that the deed
in question is other than a mortgage
and If plaintiff had desired further
assurance in this matter he could
have amended his complaint so as tc
make Dysart a party.
AS to whether proof of publication
OF the notice of sale should have
been filed with the sheriff's return
we have expressed NO opinion for
the reason that we find no evidence
in the record sufficient to overcome
the presumption that it was so filed
We think denial of plaintiffs
title was sufficient to permit de-
fendant to take advantage of the
defect in the notice Of sale pointed
out in our original opinion, and thai
1t was not necessary that it should
be specifically pleaded in the
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-18

ton in that case is Just as applicable
to this, namely: I'VE take it, there
fore, that the bona fide intention
which is required of the appropriation
to apply the water to some useful
purpose may comprehend a use to
be made by or through another per-
son, and upon lands and possessions
other than those of the appropriation.
Thus the appropriation is enabled to
complete and finally establish his ap-
preparation through the agency of
the user" Mrs. Mclaughlin testified
that Mclaughlin was expecting to
take in others with him on the ditch;
egt all the help he could; that he had
in view Stacey, Craig, Sherman, and
Long who came afterward. She says
that they did come and that he took
them in and they worked and helped
take out the ditch and paid for their
interest in work. 1t does not appear
that much work had been done in
the construction of the ditch in the
summer of 1881. By April, 1883, wa
ter was used through it and we con-
clude that defendants appropriation
was initiated in March, 1881, and
prosecuted with reasonable diligence
thereafter and completed in 1888, and
was therefore prior in time and SUI
perior in right to the plaintiff.
AS to defendants appeal, the only
question is to the amount of the ap-
Ipropriation. Defendants do not ques-
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-18
WALTON vs.. Moore, Lame Counts.

Walton VS.. Moore, Lane County.
Appeal from the Circuit Court
for Lane County. The Honorable
Lawrence T. Harris, Judge, on petit
ton for rehearing. Affirmed Feb.
z, 1911. Walton G. Ness, for appel
liant; G. F. skipworth, for respond
ent.
Mcbride, j.. In the motion for
rehearing we are asked to construe
Sec. 80, p. 255, Laws 1901, which,
so far as It relates to the matter un-
der consideration, is as follows: "In
every action, suit or proceeding to
set aside a sale of land for taxes, or
to quiet the title against such sale,
or to set aside the cloud thereof, or
TO recover the land sold, whether be-
fore or after the deed the party
claiming under the sale must tender
in his first pleadings in such case,
and pay into oourt at the time OF
filing the same, the amount Of the
purchase price for which such lands
were sold, together with twenty per
cent addition" etc. In the case al
bar there was nothing in the com
plant filed which indicated that
plaintiff was relying upon a tax
deed; nor was there anything in the
original or first amended answer
showing that defendant was seeking
relief against tax deed Plaintiff
claimed to be the owner in fee ant
in possession Of the property; and
defendant answered, setting up his
title by patent from the United
States. Upon the trial, when 1t be
came apparent that plaintiff was re
lying upon tax deed, defendant by
leave, and in fact at the suggestion
OF the court filed a further answer
specifying certain objections to the
deed and made the tender required
by law. The last amended answer
when filed became defendants first
pleading and the preceding answers
were functus officio and out of the
case. The course to be pursued in
suits in equity where the tax pro.
ceeding Is left a matter of evidence
and not at issue In the pleadlngs is
not clear. In actions at law where
the plaintiff seeks to recover land
sold from him for taxes we have
held that plea in abatement was
the proper method by which to raise
the question of failure to tender the
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-18
Nevada Ditch Co. VS.. Canyon & Sand
Ditch Co., ct al, Malheur County.

DltCu OOs1 tb hl1 mhiHeuF OOuHGys
The Nevada Ditch Company, appel
liant, VS.. The Canyon G. Sand Hollow
Ditch Company and others, respond
ents. Appeal from the circuit court
for Malheur county. The Hon. Geo. E.
Davis, Judge. Argued and submitted
February 8, 1911. L. R. Webster, C.
E. S, Wood (and A. G. Emmons on
brief for appellant. V. NJ. Tomlin-
son Brooke & Tomlinson and j. W.
McCulloch, on brief) for respondents.
Eakin, c. j. Affirmed.
Plaintiff alleges that it is the own
er of 3037 inches of water, miners
measurement, under six inch pres
sure, of the waters of Malheur river,
diverted therefrom at a point in Sec
21, T. Is S. r. Al e. w. NJ, in Malheur
county, Oregon; that such right was
acquired on July 12, 1881, for irriga-
ton Of lands of the plaintiffs stock
holders in sections 20, 19, II and Is,
T. IS s. R. As E. and sections 23 and
"a T. 1S s. R, As E., which is prior
in time and superior in right to any
diversion by defendants; that defend
ants, without right, divert water by
means of ditch and dam from the
river at point in Sec. 8, T. 1S s. R.
43 E., above plaintiffs point of di-
version, in large quantities, which
deprive plaintiff Of the amount OF
water to which it is entitled, to Its
great injury and damage; and that
they threaten to, and unless re-
strained, will continue to wrongfully
divert the same.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-18

proved, show that, at that time, he
was contending that his right was
prior to the Nevada Ditch Company,
and that the company so admitted.
He was not asked about the initiatory
steps. His right was not involved in
that suit; he was not represented by
counsel, and these admissions are not
such as to overcome the positive and
direct testimony of the several wit
nesses named.
We have no doubt from the evidence
that Mclaughlin, Stacey, Linebarger
and others, in good faith, contemplate
ed the immediate use of a large
amount of water from the Malheur
river for the purpose of reclaimins
arid lands, portions of which they oc-
cupied and they expected that other
parts thereof would be immediately
taken by other settlers. At that time
they contemplated a use of the water
not only by themselves but by such
others as might come under this
ditch.
The sufficiency of such a contem-
plated use was first announced in the
case of Nevada Ditch Co. v. Bennett
ct al, supra, by which this plaintiff
acquired the righ upon which it now
relies, and the Mclaughlin ditch
right is upon the same stream, ini-
tiated the same year, under the same
conditions, and in the same vicinity
The statement of Mr.. Justice Wolver.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-18
answer.

ahoWCAs
Counsel suggests that the dis
crepancy between the actual amount
OF accrued interest and the amount
enormously stated in the notice of
sale is so small that we should dis
regard it as unsubstantial. In other
words, that a small violation of the
law is no violation on the principle
do minimis non curat lex" But in
proceedings in invitum where It is
proposed to take a mans property
for one-thirty-fifth of its assessed
hings, tand will not infrequently
things, and will not unfrequently
consider them to prevent an in
equitable forfeiture. From the case
of shyiock VS.. Antonio, reported at
large by Shakespeare, down to the
last volume of Oregon reports the
courts have held that statutes pro-
viding for a forfeiture shall be strict
ly construed and far be it from this
court to say that a sum of money
coined by the government of the
United States, which under certain
circumstances 1t is a penitentiary Of
fense to steal, and which is sufficient
to furnish bread to the hungry
cheering drink to the thirsty, ant
TO the miser the means of contribut
ing to charity, shall be treated a!
unsubstantial in a case of this char
acter. The petition is denied.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-18

tion the findings of the trial court
that 1920 acres of land is the whole
quantity irrigated by them. And the
court fixed the amount of water
needed as one inch to the acre, and
decreed to them prior right. to that
amount. They now contend that the
amount should be increased to allow
for seepage and evaporation. We un-
derstand that under ordinary circum-
stances an allowance of one inch to
the acre is intended to include seep.
age and evaporation and think that
the allowance of the lower court is
sufficient.
The decree is affirmed.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-18
Our Great Furniture Factory is Rising Rapidly.

We are not boasting or exagger-
ating when we say that we are
building the Largest and Most Com.
plete and Up-tO-D Date Furniture Fac.
tory ON this coast, and as proof that
these statements are true we would
ask any one doubling them to 60 out
to our factory site, Fourteenth and
Leslie streets. and take a look at the
two magnificent, mammoth build
ings now nearing completion and
the two others under way of con-
struction, and the foundations for
the other three buildings necessary
for this great plant, making seven in
all, will be laid within the next 10
days or two weeks, and at the rate
the work is progressing at the pres
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-18

The most patient of men get tired
of hearing the harp that has only one
string.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-18

ent time we will be ready to start IN
by May 1.
Our stock is selling more rapidIv
as the work on the great plant pro.
crosses. We have sold several good
sized blocks of stock this week most
OF it being sold to parties from East.
ern states, 1000 shares Of which
having been sold to a party from
Canada Some of these men under
stand the furniture business and re-
alize the real value of this great on.
terprise..
All sales of our stock are being
made through our advertisements IN
the Salem papers, as we have NO
stock statesmen in the field So at
this rate every share of our stool,
VIII be sold before we are ready 70
start up. "
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-18
Ihe Perfection Sewing Cabinet Comoany, Inc.

nj Salem
a u s nal
Oregon
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-18

We shall use no brass bands TO
awaken the ople OF Salem to the
fact that this is the greatest enter
prise ever established in Oregon, but
when this great investment opportuf
nifty has passed, there will be
large number of Salem business men
who will wonder how 1t could all
happen before they became awake
Every dollar invested in the enter
prise is absolutely secured.
We can make an opening for tne
right parties for two directors as
secretary and treasurer, steady EN-
ployment, good salaries and S-hour
shifts for other investors who desire
it.
The large bu" ding shown above %
6Ox100 feet, two stories high. INC
other is 4Ox6O feet, two stories.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-09-08

New York, Sept. S.-Proyisioned
and coaled for long cruise, Col John
Jacob Astor's yacht, Mona, this aft
ernoon left for Robins Island on
Long Island Sound for "week end"
Aboard the craft as Col. Astor's guests
were his fancee. Miss Madeline Force,
and her mother. None of the party
would say whether the marriage is
soon TO be performed. Private Secre-
tary Dobbyn, however, desi2red no
definite plans have yet been made
here.
Just before he sailed away Col. AS
tor personally denied "a report that
he and Miss Force were already mar
rled
How silly" added Miss Force.
The party was in a happy frame
of mind William II. Force went
aboard with his daughter and Astor.
They all laughed as they waved to
the reporters and a crowd of spec
tstors. on the dock. The colonel
promised to be back Monday even
ing. -,
"Can you say when the wedding
will take place." asked reporte-
who overlook the rushing Col. Astor.
Indeed / can't" re replied. 81
can't tell you anything about it,"
| Toward noon Miss Force ana he'
father left. their home for the lina
shopping tour conveyed by squad
ron or reporters but no information
was forthcoming from either.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-09-08
Charged Win .,:urder.

Jackson. Mich, Sept S.--Dr. j. IF.
Sudman today was charged with muir
der following an analysis of the con-
tents Of his dead wfes stomach which
showed evidence of cyanide of potash.
When arrested yesterday pending the
examination, the police say vial of
the poison was found on Sudinan. Mrs.
Sudman was found dead in bed yes
tcrday after her husband had left the
mouse. Sudman and his wife are al
legged to have ,quqrrelad almost inces-
sanity since about a, month ago wheu
the dead woman had her husband arr
rested charged With Whipping her.
Sudmap pleaded guilty to, the charge
and was sentenced to 30 days in jail
hut appealed the case.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-09-08
JOSEPH r. MckINSTnY
HAS DISAPPEARED
Left the City Last Saturday
Evening.
Family and Friends Are Deeply
Grieved--Enorts Being Made 10
Locate McKinstry.

Last saturday evening, Joseph +.
McKinstry, of east Center street, CALI
cd at the Cadillac garage on south
Main street. asked for his auto and
drove away. He has not been seen
or heard from since and his family
and close friends are greatly agitated
becaust of his sudden disappearance
Members of his family are unable to
account for his strange action and are
deeply grieved because Of his alb
stnce.
No one knows what motive prompt
ed Mr.. McISinstry to leave the city
without announcing his destination.
His friends and relatives have been
making every effort to secure soin ,
Information as to his wherea bouts
but their attempts have been unsuc-
cessful. They refuse to believe that
he has been the victim of foul PLAY.
lip TO last October Mckinstry was
connec5ed with what is now the Butter
krust bakery on east Center street
tut at that time he sold his interest
in the, establishment. At different
times since leaving the bakery he has
been employed at the Cadillac garage
where he kept his car.
Mrs. McKinstry believes that her
husband 10 in Indiana as he had been
contemplating going TO that state for
some time.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-09-08
BERRINGER PIKE
BONDS ARE SOLD
Cleveland Firm Pays Nice Premium
For Securities.

Bonds in the sum of $2S.5OO to pay
the cost of constructing the Berrlnger
pike in Rlchland township, We're sold
ar noon today at the office of Prose
cutor Charles f.. Justice. The Tillot-
son & Wolcott company of Cleevland
We're the successful bidders, paying
par and accrued interest and a pre-
rnium of $1,22550, which by the way,
Is a little the highest price that has
been paid for a road bond for some
time. Tne New First National Bank
ard a premium of 81.