davidaulloa/AmericanStories huggingface dataset:
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-03-18

BIG RETURNS FROM INVESTMENT IN
San Juan oil lands: exceptional oppor-
tunities to get connected with best To-
Gated lands: stock will be started at &c
per share Investigate. Address P-2I.
Tribune. clO22
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-03-18
HAT F. Glory

HATS CLEANED Am
i Fanamas q speciality Salt
y actory. - r.. lst South. Phone
h1123
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-03-18

S2o, S2o,00-MODERN FIVE-ROOM BUNGA.
low, southeast. Forest 1907. tZooo
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-03-18
GLOVE MANUFACTURERS


GLOVE CO. So EAST Bird
South. exclusive glove store. Gloves
made TO order. Repairing and cleaning.
myo5
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-03-18

% HOUSES. ALI. KINDS. LOCALITIES
and prices. Tuttle Bros. Co., lo3 Malt Malt
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-03-18

HOUSES EVERYWHERE; SAY WHAT
you want New Era Realty co. BotH
phones 33ll. o2S4b
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-03-18

MODERN HOUSE
close IN. Bell 46S2-Z c937
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-03-18

NICELY FURNISHED HOUSE,
ring rooms; water; ground moor. t.S
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-03-18

ROOMS. GROUND
5r: running water. gas, BATH 100 w; w;
30uth. '-
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-03-18

WANT TO BUY SECOND HAND |
goods; trade new for old. Bell 5145
Ind. i3l. c1092
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-03-18

FOR RENT-ELEGANT 5-RM APT,
light and airy. La France. Bell 2O27 r
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-03-18

s-ROoM FLAT, COMPLETE FOX
= ~" b2636
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-03-18

$25-MODERN 4-ROOM. FULL BASE
- ment. laundry trays, ETC. Apply dS aaS
Z. Srd South c93S
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-03-18

SlX-ROOM MODERN COTTAGE. BAR
rows avenue. Phone 1897. cl00S
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-03-18

<7sHED ROOMS FOR LIGHT
.ekeeping. $50 So. 3rd East. c16S7
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-03-18

4-ROOM KUSTER APARTMENT, 32l
East 9Th South; front and rear
porches, steam heat, hot water, gas
range and janitor service free; $50. See
janitor. Both phones i92, b23Il
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-03-18

No. 80 .sRD EAST, s-RooM MODERN
nrst class house. to be used by private
FAMILY only. G.. R. Boutwell,. salld
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-03-18
FOE lent
housekeeping ROOMS

~ FURNISHED HOUSEKEEPING
-. with gas. 62i Richards ST. asIs na
aouth of tabernacle. h"o'e
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-19

The petition complied with the re-
quirements of the statute and was
sufficient to authorize the issuance Of
the writ. Southern Oregon Co. V.
Coos County 30 Ore. 25O; White V.
Brown "a Ore. I.
1t is maintained .that the circuit
court did not have jurisdiction Of the
cause and for that reason an error
was committed in denying the motion
to quash the writ 1t is argued that
the entry of the judgment by the
county clerk was a ministerial act,
the performance Of which cannot be
reviewed. A ministerial act consists
in the discharge of some duty en-
Joined by law upon one or more per-
sons who, in obeying the rule pre-
scribed, exercise no judgment or dis
cretion regard the matter. Words
& Phrases 1923.
Review is the statutory remedy
enacted in lieu of certiorari, and the
writ and its return are employed to
determine whether or not an inferior
court, officer or tribunal in the exer-
else of judicial functions has applied
such power enormously or has ex-
ceeded the jurisdiction conferred
L. o. L. Sec sos. Judicial or quasi
judicial acts only can be reviewed
Harris, Certiorari Sec. As; Thomp-
son Y. Multnomah county Ore. "a;
Burnett V. Douglas County 4 Ore
3SS. In an action arising upon con-
tract for the recovery of money OF
damages only, if no answer be filed
within the time limited, the clerk
upon the plaintiffs written applica-
ton therefor, is REQUIRED to enter the
default and thereupon to give judg-
ment for the sum demanded against
one or more of the defendants who
have rendered amepable by appear.
ance or. service of process. L. o. L.
Sec. 1856. In entering a judgment
upon default, the clerk acts in q
ministerial capacity; exercises nc
judicial functions; and must con-
form strictly to the provisions of the
statute or his proceedings will be
without any bindinG force Kelly v
Van Austin II Cal, 564. When the
clerk is authorized to enter judg-
ment upon default but, in the en-
ployment of the power conferred
makes a mistake as to the amount
due plaintiff, the judgment is moi
void but erroneous; but where he en-
ters a Judgment which is wholly un-
authorized, the judgment is void
Bond V. Pacheco 30 Cal. $50
When void judgment is called to
the attention of a court in which il
was entered it is incumbent upon
that tribunal to purge it's records OF
the nulity by canrelling the entry
Huffman " Huffman AZ Ore. 610;
Rynearson v Union County "a Ore
1S1. If upon application a void judg-
ment is not set aside, the invalidity
is attempted to be upheld, whereby
the court, in refusing to discharge
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-19

Nary and John II. McNary and W.
c. Winslow, on brieD for appellant.
S. T. Richardson and W. +. Keys, for
respondent Mcbride, j. Affirmed.
Defendant Clearwater was the in
dorser OF a promissory note, execut-
ed by Albert Warner IL was duly
presented for payment and dishon-
ored. The note was payable in Sa-
lem, where defendant resided The
person giving the notice OF dishonor
also resided in Salem. The day sub
sequent to the presentation of the
note for payment, plaintiffs agent
called at defendants place Of busi-
ness for the purpose of giving him
notice Of the dishonor Of the note,
and found that he was temporarily
absent from the city He repeated
his visits for four or five days, and
on each day found him still absent.
Afterwards he saw him and gave him
notice.
Section 1929 L. o. L. is as follows
THE notice may be in writing, or
merely oral, and may be given In any
terms which sufficiently identify the
instrument and indicate that 1t has
been dlshonored by non-acceptance
or non-payment. 1t may in all cases
be given by delivering it personally
or through the mails" Section 5936
reads: Where the person giving and
the person to receive notice reside in
the same place, notice must be given
within the following times: % If
given at the place of business of the
person to receive notice, 1t must be
given before the close of business
hours on the day following: (2) If
given at his residence, it must be
given before the usual hours of rest
on the day following; 90 if sent by
mail, it must be deposited in the
postoilice in time to reach him in
usual course on the day following"
Section 5946 reads: Delay in giving
notice Of dlshonor is excused when
the delay is caused by circumstances
beyond the control of the holder and
not imputable to his default, miscon-
duct, or negligence. When the cause
of delay ceases to operate, notice
must be given with reasonable dill
gence."
At the conclusion of plaintiffs tes-
timony, the court, on motion of de-
fendant, granted a nonsuit and plain
tiff appeals.
Mcbride, J. Taken in connection
with the other sections of the stat
ute quoted above, the word may" in
Sec. 1929 should be construed to
mean must" The conjunction cor"
indicates the alternative and is
equivalent to either, as if to say,
"either one thing or another thing"
must be done Sheppard 4. City of
New Orleans, 81 La Ann SAT-
Plaintiif was required by Sec. 1896
supra to give notice the day follow
Ing the dishonor of the note, either
by mail or personally, unless the de-
lay were excused by the contingency
mentioned in Sec. 5946. The law
does not excuse delay caused by
the impossibllity of giving notice in a
particular manner but only excuses
a delay caused by the impraticability
of giving notice at all.
In this case a notice sent through
the mail would have fulfilled every
demand of the statute. The plaintiff
asks that the delay be excused not
because circumstances beyond his
control rendered 1t impracticable to
give notice sooner but because he
was unable to give it sooner in the
manner attempted The Judgment of
the circuit court is affirmed.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-19
HOdgdOn and HOdgdOn. v. GOOdspeed,
ct al, TllIamOOk County.
Decided, October 3, 1911.

Decided, October 3, 1911.
George N. Hodgdon and Marvin
Hodgdon, respondents, V. H. F.
Goodspeed, as county judge of Tllla-
nook county, Oregon; j. c. Holden,
as county clerk of Tillamook coun-
ty Oregon and l., D. Krake, defen-
dants, L. d, Krake, appellant. APP
peal from the circuit court forTilla-
nook county. Hon. Wm Galloway,
Judge Argued and submitted Sep
tember 10, 1911 Holmes & Handley
on brief for respondents. Oak No
Ian for appellant, Moore, J. At
iirmed
This u a special proceeding to re-
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-19

the duty thus devc'ying upon it, ex-
ercises judicial functions erroneous
ly. Though a void judgment can be
collaterally assailed, the better rule,
in our opinion, supports the princi-
pie that a writ of review will lie to
cancel the entry of a void judgment
when a court refuses to perform that
duty. 4 Pl & Pr. 40.
We conclude that the trial court
had jurisdiction of the cause and
that no error was committed in re-
fusing to quash the writ on that
ground.
The remaining question is wheth-
er or not the judgment entered by the
county clerk against the defendants
in the action, but who are plaintiffs
herein, is void.
1t will be remembered that an
amended complaint had been filed in
the action but that no time had been
prescribed by the court in which an
answer should have been filed. The
statute regulating the practice in
such cases is as follows: IF the
complaint be amended, a copy there
of shall be served on the defendant
or his attorney, and the defendant
shall answer the same within such
time as may be prescribed by the
court; and if he Quit to do so, the
plaintiff may proceed to obtain judg-
ment as in other cases of failure to
answer" L. 0. L. Sec. 10. Due SER
vice of the amended complaint had
been admitted by defendants cOun-
sci so that jurisdiction of the subject
matter and of the parties had been
secured. AS no time had been fixed
in which an answer should have
been filed, the defendants were not
in default If judgment had been
rendered against them by the court,
instead of the clerk, it is quite prob
able that because they were not given
all the time allowed by law to plead,
the judgment would not have been a
nullity or subject to collateral at
tack. Woodward V. Baker 10 Ore.
491; Altman V. School District 80
Ore, So. Judgments in such cases,
though considered irregular are not
treated as void, on the ground that
the parties being in court must take
notice of all proceedings therein by
which their interests are affected, in
so far as the court determined from
an inspection of the papers before it
that the cause was ripe for judgment
and any mistake in that particular
constitutes only an error.
This principle can have no appli-
cation to a county clerk in entering
default and judgment for, having
no judicial power, he exercises only
statutory authority and if he fails to
observe the several requirements
thereby imposed upon him or govern
ing the proceedings, the judgment he
attempts to enter is void. Kelly V.
Van Austin, supra
Believing the Judgment, brought up
to the circuit court for review, was
void no error was committed in an
nulling the entry and in remanding
the cause with directions to fix a
time in which the answer should be
filed. 1t follows that the Judgment
appealed from should be affirmed and
it is so ordered.
| Journal Want Ads Bring Results
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-19
Price V. Warner, ct nj, Marion
County.

Decided, October 10, 1911,
j. /. Price, appellant, V. A, l.. War
ner, A l., Clearwater and S, A. JEFF
ferson, defendants A. l., Clearwater
respondent, Appeal from the circuit
court for Marion county The Hon
Geo. H. Burnett, Judge. Argued and
submitted Sept 26, 1911. c. l.. Nc
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-19

Journal Want Ads Bring Results
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-08-11
CHAUFFEUR AND HIS
BRIDE ARE LOCATED
Eloping Couple at Springfield,
Mass, Stopping With Aunt of
the Husband.
GIRL IS RELATIVES ANGRY
Little Hope That the Fair Julia
Will Be Able to Obtain
Forgiveness.
GIRLS RELATIVES ANGRY

SPRINGFIELD. Mass. Aug 10.-Walk
Ing arm In arm. UP the walk TO the house
OF Mrs. Joseph Harris in this city. after
an evening spent at a local theater, Mrs.
John Edward Paul Geraghty. who was
Miss Julia Estelle French, daughter OF
Mr., and Mrs Amos Tuck French OF Tuxe- :
do. n, Y. and her husband. who was re
Gently a chauffeur In Newport were con-
tronted by ncwspapermen tonight and ad-
mitted their identity.
The young couple eloped from Newport
Yesterday and were married Mt Central
Village Conn. They would make no
statement Of where they had been or
what they intended to do
Mrs. Geraghty was recognized at once
from her pictures, which have been print
ed, and the young groom. TO establish
sented his card with bow
The Young elopers arrived In Spring
field yesterday and went to the residence
OF Mrs Joseph Harris. an aunt OF the
young man They spent the day and
night there and this evening went TO d
local theater
While they were out ewspapermen who
had traced them to the house rang the
bell and asked II Mr and Mrs. Geraghty
were there. They were informed that no
such persons were In the house, The
were rewarded by seeing the couple step
off II trolley car.
The couple. when greeted by the re-
Dorlers made no attempt to hide their
identity. The groom said that the sur
prise OF being found was $50 sudden that
he could not talk tonight. but that he
might have something to say tomorrow,
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-08-11
POPE RECOVERING
FROM HIS ILLNESS
Temperature Only Slightly Above Nor
NAL: Able to Partake OF Food and
Has Refreshing Sleep.

ROME. Aug. l0.-The condition Of Pope
Plus was better and for the 1rst time
since he was taken III recently WIN
laryngitis which later hecame cornpl :
Gated by An acute attack Of the gout. his
holiness was considered IS having made
step toward recovery.
Drs. Pctacci and MarchiafnNn Nls,ted
their patient tonight and reported ms
temperature was only slightly above nor
NAL and his condition. considering the
heat, was satisfactory.
The physicians called Dr Amici III
consultation this afternoon and IL Was
decided to puncture the popes swolieh
knee The operation, which was sliEht
resulted in the extraction OF a duant,ty
Of serum and afterwards his holiness was
some what relieved from pain
During tho day the spirits OF the pom
TIFF. which previously seemingly had oeen
depressed revived when he saw at his
bedside the troubled faces OF his sisters.
Smiling up al them. the pope Sa,d
Courage. my sisters, You snail sec
that even this illness will pass away !,
Storms in the mountains tonight caused
the Temperature to drop TO SO oeCrncs'
which gave his holiness some relief from
tho heat, Only few times during the
night were the prescribed medicines al :
ministcrcd DIR. Amici aiIsirE confidently
10 keep M tho strength ~ the patient $
heart His holiness. however, took some
broth with the yolk Of an egg In II and
a small glass of old red wine. EarlN IN
the evening the patient slept for scNerai
hours awakening about nfdnig hit. short
ly nftcrward he again went into a re-
frcshlns sleep.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-08-11
RAILROADS READY
IF TROUBLE COMES
Offices Flooded With Offers From
Agencies to Furnish Any Num-
ber of Men.
MUCH SECRET WORK DONE
Managers of the Western Roads
Now Waiting for Next Move
of the Union.
Special to The Tribune.

Special to The Tribune.
CHICAGO. Ill. Aug, 1o.-Western rail-
roads which have received demands from
their shop workers for higher pay,
shorter working hours and changes in
working conditions are waiting for the
unions to make the next move before
striking back.
A large amount OF secret service work.
II was learned today: is going on In. both
camps and the railroads are obtaining
reports daily from their agents relative
TO the activity OF the uniohlsts. The or
ganization OF branches OF the railroad
department OF the American Federation
of Labor, which represents between 500
900 and 7oO.0 900 workmen. has been going
on quietly for a long time, but II was
not until recently that the railroad man
ayers began TO fully realize the strength
OF the combination, The prompt action
the allied trades has resulted In prac-
tcally oil OF the other carriers Joining
forces with them.
Railroad offices are being flooded with
offers from detective agencies 10 fur
nish strike breakers by the thousand In
the event their services are needed, A
list of these concerns Is being kept by
the general managers OF the roads In
order that their services may be en-
listed at once In the event OF a walkout.
1--WE can marshal an immense force OF
workmen at almost moments notice,
said one railroad official today. This
thousands OF men are seeking employ
ment daily. The railroads arc not court =
ing a conflict with their employees. but
II one is precipitated the carriers Will not
to recognize an organization such as
Debs had years ago. We now have sep
arate agreements with unions on our
lines. and in them there Is a provision
either side unless a thirty days notice
is given.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-08-11
CERTAIN TO VETO
STATEHOOD BILL
President Taft Opposed to Recall Fea-
tture Of the Proposed Arizona
Constitution.

WASHINGTON, Aug io.-The New
Mexico Arizona statehood bill Was put
up 10 President Taft today for his ex-
pected veto, when the house concurrcd
with the senate amendments to the meas
urc,
Already both houses have canvassed
the possibility OF passing the measure
over the expected veto, which will be
based on the Judiciary recall provision OF
the bill.
Some OF the senatorial friends Of state
hood have reached the conclusion that
a passage In the senate over the veto is
Improbable, figurlng that of the hfty
three votes cast for the bill fully n dozen
Will be lost, without any source from
which the deficit can be made good 10
meet the required sixty votes the
second attempt. There is no doubt felt
as TO the passage or the bill again In
tho house and some senators contend
that It's success In the house would
strengthen II In tho senate.
Today's action In the house, which both
Democrats and Republicans applaudod.
Was without any roll call.
Representative Flood OF Virginia, who
piloted the measure through the house.
explained to that body that the amend :
mcnts made no material change
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-08-11
TAFT WILL APPEAL
TO PEOPLE DIRECT
President Decides to Extend His
Western Trip and Visit Vari-
Gus Cities This Fall.
STARTS ON SEPTEMBER 1e
Expects to Give an Account of His
Stewardship as He Goes
Along.
Special 10 Tho Tribune.

Special 10 Tho Tribune.
WASHINGTON. Aug. to.-President
Taft has reached the conclusion that he
has a big fight on his hands. II in
wolves the policies that have developed
during the present session OF congress.
and more particularly the issues already
raised through the yctoes that are In
prospect Probably as result of the
fight, which he believes must be carried
before the people. the president practical
ly decided today to extend his western
trip this fall and TO include cities 10 the
Pacific coast In his Itinerary. II he
starts on September IS as he now eX-
poets. the trip will not be completed much
before November l. II will be the last
opportunity before the election next year
for the executive to make an extended
tour. as the traditions do not admit OF
president travelling about the country
during a campaign involving his own re-
election This fall therefore. will afford
the last opportunity TO get In close touch
with the people of various sections. They
Will be visited now and inspired. u pos
sible. with the purpose OF the TAR pro
gramme from scientific tariff revision to
universal peace
Here is the situation as IL now ap-
pears; The statehood bin, with the SEN
ate amendments concurred In by the
house, is ready for the presidents con-
sideratlon, II is to be vetoed and.
matters have been reported, II Is re-
garded as probable that IL will fall OF
pessage over his veto. at least in the
senate Even in the house the Repub
licaD leaders have expressed confidence
in their, ability TO hold II down. In
the senate II is expected that several
members who voted for the measure a
few days ago To show their friendship
for the statehood idea will be moved to
a reversal OF action in the face OF
presidential veto. The president what
ever the ultimate result. cannot In con
science Sign measure that gives sane
ton TO the reCall OF Judges
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-08-11
RELATIVES FURIOUS.
Runaway Girl Not Expected to Be For
given for EIopement.

Special 10 The Tribune,
NEWPORT, r. L., Aug lO.-In silent
anger and complete aloofness the family
of young Mrs. John Paul Edward
Geragthy the daughter OF Amos Tuck
French, and the niece of Mrs. Elsie
French Vanderbilt, are holding them
selves, issuing no statements TO indicate
the slightest relentment or TO hold out
publicly TO the runaway girl any sug
gcstion that she can expect forgiveness
for her defiance OF all Jne conventions
and standards OF the aristocracy of
wealth. to which. until her marriage. she
so securely belonged,
Her aunt. young Mrs. Vanderbilt, her
mother: her grandmother. Mrs. Stuyve-
SAINT Leroy: her brother In law and
sister Mr. and Mrs. Samuel ], Wagstnff.
all have confessed 10 their Immediate
circle OF friends that they are dunn
founded and seem to feel that the girls
action has hopelessly cstrangcd her from
them for all time. Her father. returning
from his Tuxedo mansion TO his New
port home has been engaged In direct
Ing private detectives on the hunt to
discover the Whereabouts OF his dauSh-
ter In the eyes OF her uncle. Stuvesant
Leroy H., the cotillon leader. plain fury
smoldcrs II was with set and angry
face that he appeared at the Newport
reading room yesterday. Reporters
pressed the cotillion leader for some
statement.
Miss Julia French" said he, was
married Wednesday to q man unknown
to her family. There Is nothing further
to discuss.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-08-11
TWO THOUSAND A
YEAR HEREAFTER
Members Of the British House OF Com"
mons to Receive Pay for Their
Services.

LONDON, Aug. 10--A resolution TO pay
members OF the housc~of commons Ssooo
annually for their services was carried oS
n vote of $50 10 159 today.
Tile resolution providing for the pay
ucnt of members was moved In The house
Of commons by Chancellor David LLOYD !.
George. The chancellor said that Grea,
Britain was tho only country in INC. world
that did not pay members OF parliament: !;
The Unionists opposed the payinem.
plan on the ground that IL would ne
Violation OF the principle OF sratuitous
public service. az well as improper tor
members TO vote themselves salaries
Arthur Hamilton Lee, Cnionist, WIG
moved the official URiohst amendmeh.
against snlarics argued that the ettect
OF the chanccllor's bin would be 10 10 Keep
out the best type Of men ana iiii PAT
lament with professional politicians,
James Mcdonald, Liberal leader. nenieu nieu
.md said II would tend 10 help the tide
OF purity which Is flowing over American
politics =,