davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-03-03

FOR RENT-BY Il. +. 81
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1920 9th NV. Tor, b.50 81
1927 q NV. Or. b. 40 ~
1928 LIST NV, 1r,b 4o.5
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1883 ". sr, h. O.. 30. 80
1929 S nv. Or. n. .35 ~
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1927 Fla avnw. Or. btl0 81
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$50 s NV. Or. b. $3.50 -,
is 10th ne. Or, u. % 80 {
sI4 III NV. Or. b. $3.50 ]
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8S5 Col I'd, Or. b. %. 90 !:
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Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-03-03

Acreage at Clarendon. $500 and $500. on t.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-03-03

c. G. SLOAN & CO. dNCJ. ATCTs.. 14o7 G ST.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-03-03

WANTED-TO RENT FOR ONE YEAR IN Ia
koma Park north. house of not less than eight
rooms, anil, in good order. L.. 14l9 Monroe
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-08-11

specified amount of costs was en-
tered against all the defendants, in
Guiding Mrs. Phillips. The contes-
tants appealed to this court and here,
for the first time, on motion to dis
miss the appeal, counsel for propo-
nent suggested that Mrs. Phillips
was an adverse party; that COUNSEL
could not appear for her on this ap-
peal without substitution; and that,
as her legal representative had not
been so substituted, all adverse par
ties had not been served and, there
fore, that the attempt to appeal was
nugatory.
This court has not yet decided
whether a judgment, given against a
person who dies before the hearing
and submission of a case, is void or
whether it is merely voidable, and
the authorities are hopelessly divid.
ed upon that subject But upon
every principle of reason and justice
such judgment ought to be held an
absolute nullity. Mrs. Phillips at
her death had decree in her favor,
comforting upon her valuable prop
erty and pecuniary rights. Her
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-08-11
Life Saved at Death,s Door.

Il never felt so near my grave"
writes w. r. Patterson, of Yelling
ton, Texas as when a frightful
cough and lung trouble pulled me
down to 100 pounds, in spite OF doc
tors treatment for two years. My
father, mother and two sisters died
Of consumption, and that am alive
today is due solely to DR.. Kings New
Discovery, which completely cured
me. Now 1 weigh 1877 pounds and
have been we'll and strong for years."
Quick, safe, sure; its the best remedy
on earth for coughs, colds la grippe.
asthma, Group, and all throat and
lung troubles. soc and 800. Trial
bottle free. Guaranteed by ]. G.
Perry. -,. -.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-08-11

The petition is denied.
Peek V. SkelIey Lumber Co, Douglas
las County.

G. w. Peek, appellant, V. Skelley
Lumber company, a corporation, re-
spondent. Appeal from the circuit
court for Douglas county. The Hon.
j. w. Hamilton, Judge. Argued and
submitted July q, 1911. Albert
Abraham, and lotto Irving Wise, on
brief) for appellant. F. G. Micelli,
John T. Long and (Chas. L. Hamil-
ton, on brief) for respondent.
Eakin, C. ]. Reversed and re-
manded
This is an action on promissory
note for the sum of $13S938. De-
fendant is a corporation organized
under the laws of Oregon, doing
business in Douglas county. Plain
tiff had sued defendant in Douglas
county and also in San Francisco,
California, upon an alleged debt OF
about $4,000 On February 10. 1909,
while these actions we're pending, the
subject of the litigation was COM
promised between them for the sum
of 1880, for the payment of which
defendant issued to plaintiff It's draft
upon Itself, payable at McKeesport,
Pennsylvania. John X. Skelley was
the president and general manager
Of defendant company and resided
and had his office in McKeesport.
This draft was presented to him for
payment, but he was unable to pay
1t, and this note, which Is signed
"Skelley Lumber Co., John X. Skel-
ley, President" was rendered to
plaintiff through defendants attor-
ney at San Francisco, In lieu of pay
ment. Plaintiff would not accept the
note until It had been endorsed by
Skelley and White, two Of defen-
dant's directors. The note Is paya-
BILE five months after date and in
cluded interest.
The only defense to the action is
that the president had no authority
to sign the note, and, therefore, that
It is void. Section 3 OF Art. w OF
the Bylaws Of defendant corpora
tion reads as follows: "The Presi-
dent shall be general executive on
Ger Of the corporation shall
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-08-11

the hearing of this cause in the cir
cult court.
The facts of the case are these:
Mrs. Phillips and the other contes-
tants appeared together in the coun-
ty court to contest the validity of the
will presented by Mabel Warner, pro-
ponent. In that court they procured
decree, declaring the proposed will
a forgery, and void. Proponent tp-
pealed from this decree to the cir
cult court, and, pending hearing in
that court, Mrs. Phillips died. No
substitution was made and the cause
was heard and determined as though
Mrs. Phillips were alive, and the de-
cree of the county court was there
reversed, and judgment for an un-
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-08-11

the case against defendants conten-
ton. In the bylaw quoted, the
words in brackets subject to the
control Of the directors
that they may control his acts even
in the matters expressly delegated to
him, but, unless they do take some
action, the acts authorized may be
done by him without other authority
from the board. That language is a
reservation in the board of right
to control his acts, but the authority
Is complete in the matters enumer-
ated until the board has afiirmatlvely
directed otherwise. See Bates v.
Keith, Iron Co. Metcalf, 224.
The judgment is reversed and the
cause remanded.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-08-11

overruled and he failed to plead fur
ther. Being in default for want of
answer, the plaintiff took judgment
against him. He died on the same
day. The Judgment against him was
held valid upon appeal. But in that
case the defendant was in default be-
fore his death. Nothing remained to
be done but to enter the judgment
which was a mere ministerial act OF
the clerk, flowing naturally from the
default In considering cases of this
character, courts have not always
been careful to distinguish between
the rendition of judgment which Is
judicial act and the mere entry Of
Judgment on the record, which is
q ministerial act, and from failure to
make this distinction have been fire.
.cNently led into the illogical and mis-
chievous position Of holding that
valid judgment could be rendered
against person not then In exist
ence-a mere memory.
Technically speaking, the tran
script discloses no decree in favor Of
proponent for costs, that could in its
present condition be enforced against
anybody. That amount of the taxed
costs nowhere appears in the decree
which adiudges that she recover "her
costs and disbursements herein sus-
tanned and expended on this appeal;
and the costs and disbursements for
transcript on this appeal; and the
costs and disbursements paid the
stenographer for extending steno-
graphic notes of the testimony Of
witnesses taken in the trial in the
court below amounting to s.; and
that she recover from respondent all
her costs and disbursements in the
county court sustained and expended
] in this cause to be taxed, and that
execution issue therefor" Such a
Judgment is a nullity as to costs un-
/ til they are properly taxed and en-
tered in the Judgment: Black on
Jude. q ed) Sec. 11S.
Whatever may be the condition of
the law in cases where the success Of
one plaintiff uDon apneal may i'm
nose an additional burden upon CO.
plaintiff. who has not Joined in the
aDpeal or been served with notice
thereof, we are satisfied that in this
case no such burden can he thrown
rnon the estate of Mrs. Phillips and
that. therefore, she is not an adverse
nartv within the meaning of our
statute.
The petition is denied
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-08-11
CLAWS is GIVEN
A PROFITABLE JOB

Sacramento, Cal, Aug. 11.--At a
special meeting of the California Con-
servative Commission, held this af-
ternoon, Louis r. CLAWS, who was
ousted from the department of the in
terror by Secretary Ballinger for ex-
posing alleged fraudulent Alaskan
coal land deals, was appointed as sec
retary OF the commission at $4,000 a
year.
CLAWS will be in Sacramento to-
morrow to meet the members of the
commission, and discuss plans for i'm
mediate work.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-08-11
His Dream Is True.
[rNIrEp rRnss LnAsnn w1Rn.1

T'TF'IT170 T HI77' I4T4HHHI' WIND
Stockton, Cal, Aug. 11.-Charles
w. Rathbun, of Lodi, who recently
became imbued with the idea that he
was dead, brought his hallucination
to a reality today at Clark's sanitar-
ium, when he hanged himself to the
bar of the cell with towel. Rathbun
had to bend his knees to throw his
weight on the improvised moose.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-08-11
Gates, Son 10 Mnd

Minneapolis, Mimi, Aug. 11.-That
Charles G, Gates, son and heir of
Jocn " Gates, the spectacular mil
lionaire who died recently in Paris,
will wed Florence Hopewood, of
Minneapolis, was the announcement
made here today. Miss HoDewnod is
now in Paris with her mother.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-08-11
storehouse Blew Up.
UNITED IREss LEASED wInn.l

TUNIIED IHE5b LEAbED WINE.
Newburgh, N. Y, Aug. 11.-A
storehouse on the New York auue.
duct, near Cornwall containing 100
pounds of dynamite, blew up today.
No trace of the building was left, and
the caretaker is missing. The con-
cussion shook the earth for miles
around.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-08-11
Estate OF James W. Young, MultnO.
mah Comfy.

In the matter of the estate of
James W. Young. deceased. Appeal
from circuit court for Multnomah
county. Hon. H. ]. Bran, Judge. On
motion for rehearing. Reversed May
81, 1911. 116 Pac. 95. Fee & Slater
and Frederick W. Steiwer, for appel
lants, Douglas W. Bailey, for re-
Spondent. Mcbride, ]. Motion de-
MED
Mcbride, ]. The petition for re-
hearing in this case is based solely
upon the failure of contestants to
serve a notice of appeal upon the
personal representatives of Mrs.
Caroline Phillips who died pending
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-08-11
Be sure and take bottle Of cham

Be sure and take bottle OF Cham
berlain's Collie, Cholera and Diarrhoea
Remedy with you when starting on
your trip this summer. It cannot be
obtained on board the trains or steam
ers. Changes Of water and climate
often causes sudden attacks Of diar-
rhoea, and 1t is best to be prepared.
Sold by all dealers.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-08-11
OREGON SUPREME COURT DECISIONS

Published by Courtesy Of F. A Turner, Reporter
Supreme Court
The St. Mary banner. (Franklin, Parish of St. Mary, La.) 1889-1931, 1911-01-07
FOR SALE CHEAP.

One set of Brunswick-Balke
Collender Co., Bar Fixtures, IL
feet In length, color "cnerry,"
practically new, in fir6-class
shape, including front bar, back
bar, and work board lined with
copper. This set Of fixtures is an
ornament to any Cafe, and can
be purchased at a bargain. For
any further inform alton concern.
ing same, address all commune
cations to
ALVIN GAsHIA,
Berwick, La
The St. Mary banner. (Franklin, Parish of St. Mary, La.) 1889-1931, 1911-01-07
FOR SALE.

Two lots, situated on Jackson
street, between First and Second
streets, measuring 250x90 feet.
First lot has two story dwelling
house, with outhouses, etc., meas
urlng SOx9O feet. Second lot has
building 17Ox9O feet, known
as the jackson Roller Rink.
Will sell as a whole, or separately
to suit purchaser. 81
For particulars, apply to
Jos. BENINATO,
2lO1 Elysian Fields Street,
New Orleans, La. {
The St. Mary banner. (Franklin, Parish of St. Mary, La.) 1889-1931, 1911-01-07

Louisiana, do hereby certify that I have
examined the foregoing act of incorpo-
ration of The Morgan City Land Com
pany." handed me for examination aud
that being Of the opinion that the objects
and purposes of said corporation are legal,
and that none of the provisions therein
contained are contrary to law, the same
has been and is hereby approved.
Parish of st. Mary, Louisiana, this 21st
day of December, 1910.
L. NJ. MILLING,
District Attorney 23rd Judicial District of
La.
The St. Mary banner. (Franklin, Parish of St. Mary, La.) 1889-1931, 1911-01-07
Clerks Office ,

ST. Mary Parish, Louisiana.
I. Wilbur II. Kramer. Clerk of the 23rd
Judicial District Court, within and for
the Parish Of st. Mary, State of Louisiana,
and eX -otiicio Recorder thereof, do hereby
certify that the above and foregoing is a
true and correct copy of the original as
on file. and eff record in my office, recorded
Of date December Il, 1910.
In evidence whereof witness my official
seal and signature affixed hereto this 2lst
day Of December, 1910.
WILBUR II. KRAMER,
Clerk and EX-O ffico Recorder.
The St. Mary banner. (Franklin, Parish of St. Mary, La.) 1889-1931, 1911-01-07
OFFICE Al HOME
Telephone $50
Bargain in Drug Store.

Containing small stock OF
drugs at present time. Seventeen
years in same location, New Iberia.
Location excellent. Good chance
for a negro druggist or physician
to locate and make money. Pro-
prielor wishes TO retire owing to
investments elsewhere. Address,
Enterprise, New Iberia. for part
iculars.
The St. Mary banner. (Franklin, Parish of St. Mary, La.) 1889-1931, 1911-01-07

|, Thomas u. Milling. District Attorney.
u the 2Srd Judicial District, State Of
Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1911-03-17
BRIDAL COUPLE INDICTED
Rumor Negro Blood in Wife's Veins
Causes Grand Jury Investigation

Marion, Va, March 11.-Daisy B.
Harris, a comely looking young
women, to all appearance white, was
married to Charles Shrader, of this
place, last Sunday. The groom is a
well known white man. Following
the marriage it was rumored that the
bride was one eighth negro IN blood,
and this being illegal under the state
law, the matter was brought 10 the
attention of the grand jury and indict-
ments against both bride and groom
followed.
The couple had prepared for bridal
trip and were released under bond of
$500 each.
Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1911-03-17
PEDDLER is FINED 500
Several Matters Engaged the AT
tention of the Circuit Court

In thu circuit coart Satarisy tx
will of Sanaei j. Redner waa admit
tad to probate AMI Charles D. ksdne1
qualified as executor. This estate il
valued at aoon5 So, 900.
NJ. L. CrieAeuberger was apoointe1
trustes itf Salem Lutheran cha1 ch
in placs of G. Henry Lsndes. rs-
signed.
MIS-. L. Erie Mish qaaliisl a,
adninlstratrix of the estate OF he,
Husband john w. Misb.
Haner Fenkel ped5lsr was finei
500 and COSTS for selling goods with
oat license in So1th River district
Three dsrsas were entered, one
final.
Coart adjournei until 2:3O O'Clock
Tneslay.
Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1911-03-17

Moses Sutton,a native OF Verona and
former resident of Stanton, died &C
Hinton, W. Va. Sunday night of ty-
phold fever. He had bsen in a criti-
cal condition for several days and mis-
deash was not unexpected. The fuDer-
al will be at Verona this aftsIn oon
at o. clock. Rev. Rau will conduit the
services.
The DECEASED was son of the late
Mr.. and Mrs. Jerry Sutton of Verona
and was "a years of age. He leaves his
wife, who was q Miss BARLEY of
Staunton, and two small children, nlso
six brothers and one sister.
Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1911-03-17
WINCHESTER GETS INTO LINE
Organizes Business Mems Associa
tion to Boost City And County

Winchester. Va, March 13-The
Business Mems Assoclation of Win
chester and Frederick county was
org anized at an enthusiastic meeting
of representative men held in the
Court House on Saturday night
Those in attendance represented many
of the chief industries and financial
aud business interests of Winchester
aud Frederick county. and ont of 81
men present 81 indicated their inten-
tion Of becoming Members Of the
association and signed their names to
the subscription paper.
The purposes of the organization
are to promote the interests Of the
city and county, to advertise botn,
and to attract more industries and
trade.
Officers for the ensuing year were
elected, as follows:
President 8. L. Lupton.
First vice. president Shirley Car
ter.
Second vice president - Melvin
Green.
Treasurer -George H. Kinzel.
Executive co conmittee Phil. H.
Gold, BAY Robinson. Herbert S.
Larrick, Il. B. McCormsc, II. F.
Byrd and w. e. Cooper.
The secretary of the association is
to be elected by the executive com.
mittee.
Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1911-03-17
BLOWN FROM SHIPS DECK
Tragic Fate of a Member of One Of
the Old Virginia Families

Norf ,lk Va, March l.. - Blowr
fron ths deck OF ths OH Dominion
steamer Monroe. the bo1y of Miss F.
NJ. Warwick, of New Haven. Conn,
is some ewhere at sea Miss Warwick
lefs New 7ork last Tuesday aftsru ool
Tor Norfolk. intending to visit hel
brother, Abisn Warwick, deputy col
lsctor Of internal revsnus at Rich
| mond.
Officers ON the steamer remembe,
seeing Miss Warwick in the ma,1
saloon Tuesday night. An awfu
t2r1 vas making It vary rough fol
tie Mtnroe aid she IVES r thing snl
piowing through the hi IN seas will
such forcs that most of hsI l50 pas
sengers sought their stets rooms
rather than stand ths risk of beins
thrown against the side of thu saloo1
and injured.
Miss Warwick. was lssi to travel
ing, and it is bslisvad that she ven.
turn9 9d out on deck and was blown
ovsrb BARD. A snail satc1eI aud hand.
bag, the property of Mis- Warwick,
are being held by officers of the Ole
Do ninion Line.
Miss Warwick was forty years old.
Shs possessed independ ant II cans, and
found heI recreation in travel. she
had been all over ths over tbs world
She has many wealthy relatives ir
ths nn1th ana south. Her father was
the late Maj. William Warwick, oi
Richmond, Va. I he ia niiy is one q
ths oil lest i I the state The county
Of Warwick is nan, d u an ancestor
Of hers.
Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1911-03-17
DIR. FOSTER KING MARRIES
Ceremony is Performed at the Home
of the Brides Parents in Canada

New York, Marsh 10. - DR.. a.
Foster King, Of St.suuGon, Va, was
marie last Saturday at tho hone Of
ths brida's parents in Canaia to Mis-
Margaret Skenc'. After an exteDnet
Wedding trip the couple Will reside
il Stanton. Sons two years ago
Dr.. King left bis Finishing hone on
Sanford Avoaus in that charming
snr5arb of New York and with his
family relo7e1 to Staunton, whsre
after ysars resi- icnce his wifs was
taken fatally ill end died. Some time
after the Doctor 1et af4ss- Sksp,ll and
5hsir engagement was soon an
aounce1 The Doetor has the con-
graG1lations Of host of friends
Eho hell him in great rsspset end
Affection during his long professional
career in Flushing and vicinity.
Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1911-03-17
ELECTRIC SIGNS
ARE Condemned
FIVE ORDERED DOWN
That of Walters & Switzer Has
Already Been Removed, and
It is Said That Others Will
Soon Come Down.

Acting under orders from the mum
icipal authorities, Chief of Police
Lipscomb has condemned q mum Der
of electric signs which have helped
considerably in the illumination Ut
the city. This course has caused .
great deal of dissatisfaction on the
part of those affected who say that
permission was obtained for the erec-
tion OF the signs and who think it is
a hardship that they should be made
to go to ths expense Of removing and
to bear the loss of the cost of the
signs.
The signs on the Virginia aud
Augusta hotels. Walters and Switxer'a
stole. Ho2shead's drug store, and the
new Beverly Garage, have been
ordered down. the ouly sign Of
any consequence that haa been al
lowed to remain being that over
Cohen's restaurant on New Street.
That at Waters and Switzer's store
was taken down yesterday.
The ordinance bearing on this sub.
jsot provides that electric signs may
bs ofectsd provided they are twelve
feet above the sidewalk and do not
extend mora than thirty inches from
the building Ali of the signs that
have been ordered down extend more
than the allowed thirty inches, bat
this clause OF the ordinance has been
sonsthing of dead letter ever since
the ordinance was adopted. 1t is
pointed out that all but one Of the
sigus ordered down are in low lying
section of the town, anu that the illu-
mination they provide is nesded and
is direct benefit TO the city. There
is no Objectionable feature connected
with any of them and the policy of
a1hering to the strict letter of the
ordinance in this particular is regard
ed as being deoi dely short sighted.
1t is said that a protest has bsen
maze against them on the ground that
it was mn just to allow them to ex-
tend over tine sidewalk when thu
ordinary board sign and the sign on
the awning flap is not allowed to
extend the same distance and that it
is discrimination in favor of the
man who can afford the more ex-
.pensive electric sign and against the
man who cannot afford more than a
painted board or strip of canvas.
This, it is argued. is really a penal
ty put upon enterprise.
Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1911-03-17

Wheeling. W. Va, March 1s. =
Jesss Cook, sged "a, the yourgess
man ever exscu.e in this state, was
hanged at the State PsniteLtiray at
Moundsvills at sundownNy y ssterday
afternoon He went bravely to the
galIows after spending the entire af-
ternoon With Faeher Flaragan,
Catholic priest. to which religion he
was converted five davs ago. This
morning ils wrote farewell letter
to his wifs and then 10 minutes later
wro,e her another. Cook killed
Frank Bennets>ju q quarrel in Mo-
Dowell county last Christmas night.
He clai rsd it was done in self-de-
fsnse.
Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1911-03-17
Heart Disease Claims n. Arnold

Winchester, March 13.-Mr. Harris
Arnold of the Timber Ridge section of
Frederick County, died Saturday morn
ing at his home near Bethel, from
heart disease, age 43 years. Mr.. Ar
mold was a member of the old and
widely known Arnold family of that
part of the county, and had been en-
gagged in farming all his life. He
leaves his widow, Mrs. Minnie Arnold,
two sons, Raymond and Alvey Arnold,
and one daughter, Miss Edna. His
funeral took place Sunday.