davidaulloa/AmericanStories huggingface dataset:
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-11-18

deceit. In the latter case he can
not recover damages for the failure
Of the speculation; those he assumed
when he elected to affirm his contract
and sue for deceit, he can only re-
cover for the damages incident to
the deceit, In the case at 4bar 1t was
proven that the mine proved to be
worthless; no evidence was offered
showing damages occasioned by the
deceit. Held that the purchasers
might possibly have rescinded their
contract and recovered their money.
but that by electing to sue for dam
ages for deceit. they waived that right
and affirmed tht sales; they are
limited therefore to the difference be-
tween the actual and represented
values of the stock. at the time OF
sale, when purchasers and sellers
alike believed the mine would become
valuable. Being no evidence of such
differences In values. the trial court
properly directed a verdict for the de-
PENDANTS at the close OF plaintiffs
case.
s. During the trial the trial court
excluded certain evidence. AS this
evidence. had 1t been received. would
have only tended TO prove the fraudu-
lent representations. and In no man
ner attempted to supply the PROOF of
damages, such exclusion, If error, was
without prejudice.
4. This court will nc. assume that
the evidence offered against the re-
naming defendants. would have been
the evidence offered against the. cor
poration had 1t remained In the case.
Neither win this court assume that
the evidence at d new trial win be
the same as at this. Therefore the
plaintiff ID granted q new trial as
against the corporation. In other re-
spects the judgment IL affirmed.
lSyllabus by the court.)
Appeal from d judgment OF the dis
trict court Of Sargent county, Al
len, -
Affirmed as 70 defendants Leach.
EllingSon and johnson: new trial
granted as to the corporation.
Opinion OF the court BIZ Burke. r
r. y. Lambert for appellant. wolfe
= Schneider and !. r. Bishop FOR re-
spondents.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-11-18

THE GRAND-vAupEvILLE.

Declared to be the peer OF any In
their class on the continent the An
geon Duo of novelty 1ugglers decided
Ii was time to show America and now
occupy spot light position on the new
bill. Their act Is a juggling ac- OF
unusual experiences.
One OF the most entertaining and
spectacular acts this season is the
great impersonator, Westin, ana be Il
all that the advance notices promise.
His caricatures of different men Of
prominence are more than wonderful
and the artistic settings and the cos
tuning are both magnificent and cost
ly. His life studies are great and he
tops Off his grand reproduction of the
late Queen Victoria I'm her coronation
robes. The entire act is a dream and
must be seen to be appreciated.
An unusual novelty will be given by
Adeline Francis, the graphophone girl
The audience hears the natural singing
and speaking voice Of the artist to-
gether with the mechanical reproduc-
ton of her voice In an entirely distinct
and separate range, all worked out and
tuned to nicely in the programme OF
songs and merry patter.
Among the acrobatic troupes that
have played the various circuits none
have given more intricate and sing
ular performance than that to be given
by the Mangeon troupe of seven novel
ty acrobats. They have capital act
and give a sensational finish to the
programme. Each is trained to give
an individual act Of merit and their
combined labors result in series OF
the most merit and their combined
labors result in a series of the most
difficult and exceptional feats yet OBJ
tanned by united efforts.
The motion pictures will depict
world events by the daylight process
to the satisfaction of those who dislike
being kept in the dark and Miss Ora
ham will again be heard in one of the
latest popular songs.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-11-18

than the one In which they were seen
here three months ago.
The Tetsuwari Japs in their balanc-
Ing and Juggling act viii make their
initial bow Monday afternoon and
Judging from the criticisms that they
have received, they are away above the
average act Of this kind.
Charles Marley. The Man with the
Suitcase. in tightening quick changes,
has most interesting act and one
that liz entirely different than any
thing seen here of late.
Held & Sloan present their comedy
singing and talking act AT the Station,
and two reels OF the latest motion pic
lures, win conclude the bill for the first
half which Is bound TO please.
The acts for the last half of the
week are, The Dahomian Trio, Levitt
& Ashmore. Coburn & Pearson and
Miss Alice vernice.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-11-18

sold and nothing Ii paid for, then when
ne sees that Is no good way, he win
trade the store for swell hotel and
run It for the pleasure OF his friends.
Truly this is a plot, but not an intri-
cate one, and when We stop to think
OF the things we have seen Izzy do in
the past we can conjure UP fancies Of
the things to be which will make US
want to be there when Izzy gets real
busy. The company lis a large one
headed by the talented Coincidence,
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-11-18

expected when he comes in his best
Of all fun shows Busy Izzy.
Sldney's reputation as laugh
maker has been made with surround
ings Of pretty girls and excellent come
dams, rich wardrobes, and slightly
scenery, catchy music and big chorus
TO sing Il. novel dances and experts to
carry them out and that Is just what
he will be In the midst of them when
Busy lay comes TO 4he Fargo opera
house next Tuesday evening.
In this novel entertainment, Icy
will first be seen as the proprietor OF
q big department. store, where much Is
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-11-18

1t was James Whitcomb Riley who
discovered" the late James Newton
Matthew'S. and 1t was no less an auth
oIity than the famous booster bard
VINO first proclaimed him as among
the foremost Of Americas authentic
poets. II. view Of this pronouncemelf.
q peculiar interest attaches 10 The
Lutte of Life, collection OF Matthews
writing just issued, and in which 1t liz
found the Riley verdict il amply vim
dicated. Riley enthusiasts win delight
Ia the several special poems he has
contributed I'd this volume, beginning
with 4 characteristic foreword. Alto
gether. this book Ii one which no lover
RI poetry, any less than the student .f
literature. can AFFORD to overlook: and
Il should have q place In the library
cf every cultured person. Horton a.
Co.. Cincinnati: $50. postpaid.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-11-18
Cut This Out
Recipe that Breaks a Cold IN 4 Day and
Cares ANY CaFabae Csmgh

Concentrated Pine compound and two
ounces OF GIycerine. Take these two In
gradients home and put them into half
pint Of good whiskey; shake well and use
in doses OF one to two teaepo0nfuls after
each meal and at bed time" Smaller
doses 10 children according to age. But be
sure To get only the genuine fGlobel Con-
centrated Pine. Each half ounce bottle
c0mee til sealed tin screw~top case. liz
your druggist does not have liz he will
quickly net IT. Many mixtures are Of
large quantity and cheaper, but II IL risky
to experiment. This formula comes from
reliable doctor and IA certain. This
was nrBt published here six years ago
and local druggists car II has been Ia
constant demand ever since
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-11-18
oRPHEuM THEATRE

Fargo theatre goers positively in
sisted upon return engagement Of
the famous German comedians, the
Rice Brothers. and consequently the
George w. Webster Theatrical ex-
change has booked them for a return
date, to open next Monday, at the
Orpheum theatre. The Rice Brothers
are coming back with an entirely new
act, which is said to be still better
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-11-18

ton. You won't agree with all he
says, probably with very little OF IL,
but he doesn't care. In fact he would
rather you would argue IL out with
him. If you haven't read his monthly
you are missing something. Write
e. w. Howe. Potato Hin Farm. Aitch-
inson, Kan: 81.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-11-18

Lots Of actresses have to 30 to the
trouble Of marrying before they can
use the advertisement Of the divorce
court 70 make business thrive again.
such Ii the irksomeness or red tape.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-11-18

Anyone who has ever seen George
sidney as Izzy, the funny little
HeDrew. VIII recognize what may be
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-11-18
FARGO oPERAHousE.

Nov. 2i-Geo. Sidney in Busy
Izzy.
Nov 25- Thelrna.
Nov. 2S-Harry Bulger.
Nov. sO-Jim the Penman.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-11-18

Ed. Howe's Monthly continues TO
gain in popularity. He calls 1t a
farmers magazine for town people. It's
that and then some. Howe's philoso-
ply runs clear through the publica-
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-11-18

The roller towel win be no LANCER
On the roll-cail II the crusade started
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-11-18

Magazine is most seasonable treat
for the ladies. Everything Is Christ
masy and there are many valuable
pointers in the number. McCaIrs
Magazine. 236 Thirty seventh street
west, New York: so cents per year.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-11-18

b.. J. CAMPBELL. nj. D.-PRACTrCm
limited to diseases .T women--(sNnIfa
urinary and skin diseases. Once hour
10 to IL and Q 20 3. Over McDonaix
drugstore. Trout street. Phone 720
DIR. r.. III. BURT0N--0FkICE HOURS
10 TO IL o. m, q TO and to D b. M
once: stern building. Phone i7GT.
DIX d. DILLos, HoMEopArHro
= physicjan, deLendrecie block.
DIS. y. ~. BAILEY " kALdELMACH.
er. Specialists. eye. ear. nose and
gnEcaL Otnee noaEs. 70 ~ and 1880
DNS. BARROW q WMIBLE. deLENn.
recie block 0niee hours from Is I
DE <. 9, NORRIS, PHYSICIAN AND
surgeon. Ofaes over Wilser's drngsfnre
COS Front street. HouFs to ~. IN &
and to Y. Telephone 1V4S-L offics.
NICHOLS BROS, PHYSICIANS ANN
surge0ns. Onlce 00e Front street. once
hours: 10 % IL 4. M. 10 and I Is
D. Ia. Phones: 0faee. SOS: Residence ~18
DR.. HOMER p. SMITH. delsENDKkCfr
building. Phone 2144-L. Hours: q e.
". NJ: Residence phone 21DA-La
DR. j. 4. SAVAGE. PHYSICIAN ANEh
surgeon 6Qb kF0hL street
q. wv. VIDAL. NJ. d.. HOMEOpATFsft,
physician and surgeon. Edwards hl0rk.
Fargo, n. -.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-11-18

against IL Il carried to triumphant
conclusion. In fact. the roller towel
VIII be wiped out.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-11-18

DENTISTS.

DR. ,. u. PkENkTIE. DENTIST. or
flee, Huntington block. over RIson. la.
trance on Broadway, Fargo, ". 10.
DR. II. l.. STARTLING. DENTIST. ROOM
=, deLendrecie block. corner Front and
Seventh streets south, Barge. N. IL.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-11-18
PROFESSIONAL CARDS
ARChiIEcTs

ARCHITECTS.
ices Douglas Bidg2 1l9 BEOadwag.
BROS, ARCHITECTS. OF
Fargo
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-11-18
UMDE RTAKEH

nj supplies. y. IT.. Rice, South BruaA-
way. Office south Of Mocdy's etoem.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-11-18
VISITING NE5neE-

GRACE N. ROBINSON. r.. N. AssoCrAT.
ed charities; 70 .. n, 40. IL Nlml1fh
street SOUTH phone Ut. Residences I2f
Eighth street north. Phone 141n HaurM.
$50 q. n. 20 3 b. ~. AZ the service II
physicians ct any time.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-11-18

PIANO TUNER AND TEAchEn
PROF. VA. KLIMMEK. ia NTNT d
avenue south. Master Fnning ana renale~
Ing. Phone 101D-J.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-11-18

The November issue Of Harpers
Bazaar will delight the women. 1t is
rich in many things in which the wo-
men readers delight. The fashion dis
cussion, departments and other regular
features are up to the usual high stan
dard. Harper & Bros, Franklin square,
New York: 1925
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1911-06-09
indiana GOVERNOR
DECLINES
REFUSES TO ASK CALIFORNIA
EXECUTIVE TO INVESTIGATE
M'NAMARA AFFAIR.

Indianapolis, June s.-Governor Mar
shall Of Indiana tonight declined re-
quest of the national labor organiza-
tions that he ask Governor Johnson OF
California to investigate the allega-
tions that John J. Mcnamara, secre-
tary of the Bridge 4 Structural
Iron Workers union. was illegally TAX
en- TO Los Angeles to answer the charge
Of completely in dynamiting outrages.
Governor Marshall says the requisi-
ton for Mcnamara was presented to
him regularly and that If it had been
Illegally obtained by false representa-
tions TO the governor of California, it
was proper an Investigation should be
begun by him and not by Governor
Marshall.
Governor Johnson probably would
resent inquiry of the sort begun by
Governor Marshall, the latter said
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1911-06-09

Thirty-two members of the class of
1911 of the University of Montana
were awarded their degrees and di-
plomas at the 10th annual commence
ment held In University hall at
1890 yesterday morning. It was
the biggest class which has ever grad
uated from the university and the
commencement exercises were. per-
maps, the most impressive. President
benjamin Ide Wheeler of the Uni
versity of California delivered the
commencement address. He was bril-
iiart and scholarly. intense and
thoughtful and his address was one
Of the finest ever heard in Missoula.
certainly the finest which has ever
been delivered from the university
platform.
President c. A. Duniway awarded
the diplomas.
mo DIG hall was crowded with
friends and relatives of the graduat-
ing class and by citizens of Missoula.
Haif hundred alumni gathered for
the occasion from all parts of the
state occupied seats In front on the
left OF the hall. while to the right sat
the members Of the graduating class.
The audience had gathered long be-
FORE the exercises began, and when
the alumni. the faculty and the SEN
lors filed into the hall after the pa
rade around te campus it was "A large
crowd which rose 10 greet them. Rev.
t. y. Burtner opened the exercises
with fha invocation. Hs was fol-
lowed by the speaker OF the day. At
the conclusion of DIR. Wheelers ad-
dress, President Duniway presented
the members of the class with their
diplomas. and Professor II. C. Scheuch
invested them with the hoods which
signify their degrees. Rev, j. N. Mac
lean dismissed the meeting with the
bencdiction.
Tho Graduates.
For the degree of bachelor of arts
FLORENCE Hale Averill. william An
drew Bennett. Conrad Henry Bow
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1911-06-09

the same result through your friendly
Interchange of ideas ut the Gary din
ners as would have been accomplished
by an illegal agreement to control
prices?' asked Representative Beall.
Mr.. Gary replied that this was not
so in his opinion, that whatever had
been done was legal and the men who
attended the meetings We're left en-
tirely free TO do as they pleased, but
that honest disclosures of competitors
prices placed men on their honor to
seek to maintain prosperous conditions.
Golden Rule.
Mr.. Lindaberry counsel for the
United States Steel corporation, re-
ferred to the efforts of men In the
steel industry. through the Gary din
ners, as an attempt TO put into prac-
tical operation the golden rule.
Mr.. Gary said he had made an at
tempt To disguise the fact that the
steel men of the country sought to
maintain prices as near a level as pos
sible through friendly interchange OF
ideas for the purpose of getting be-
tween the restraint of trade and mo-
nopoly provisions of the Sherman law
on one hand, and destructive compe-
tition on the other He had never
stood for unchangng prices, he de-
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1911-06-09
HIGH TEMPERATURES
CONTINUE
MERCURY IN CENTRAL WEST
AND SOUTHERN STATES
REACHES a HIGH MARK.

Kansas City. June Sit was slz-
Zling hot throughout the southwest to-
day and heat records for the year were
broken here and at many points in
Kansas The highest temperature was
registered at Junction City, Kan. the
mark being 1906. Some other towns
that sweltered were Ieayenworth, 1O2:
Topeka, Muskogee, Oklahoma City and
Concordia, Kan, 10l; Hutchinson, Sa-
lima. Dodge City, 100; Kansas City, 80;
Wichita, Joplin, Mo, 9s; and Emporia,
Kan, 81.
The intense heat Of the last few days
has caused wheat to ripen fast. Farm
ers In the vicinity of Abilene, Kan
will do some harvesting this week, and
1t Is expected that the majority of
them will be cutting Monday morning
only u fera' prostrations and no ia
taiities as direct result Of the heat
have been reported from the southwest
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1911-06-09
ACADEMIC PROCESSION.

A beautiful feature of the COM
mencement exercises yesterday
morning was the academic process
sion which preceded the ad-
dress in University hall. 1t was
the first time this feature had been
introduced into Montana COM
mencement and the picture will
long linger in the memory of those
who witnessed 1t. The procession
of graduates, alumni, faculty and
university officers formed at the
library building and from there cir
cled the campus. Passing between
two lines of students. the gowned
marchcrs entered the hall, passing
to the space reserved for them.
The campus was beautiful yester-
day. particularly so 1t seemed, and
formed q delightful background for
the line OF scholars. Along the cir
Gle the line moved slowly, passing
beneath the pleasant shade of the
brilliantly green trees that border
the broad cxpanse of lawn. Around
past the main entrance to the
ground, past the old stone seat and
then before the portal of Craig hall.
Thence the line passed Science hall
and moved slowly on to the en-
trance Of University hall. which the
class of 1911 entered for the last
time as students. 1t was II bcauti-
full scene.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1911-06-09
DE Ia BARRA AND MAOERo
HOLD LONG CONFERENCE
REGARDING AFFAIRS.
EART-T0-HEART TALK
Provisional President Of Mexico Ex.
presses Himself as Being Confident
That Peace viii Prevail Throughout
Country-Rseosnizes Madero as
Head Of Great Political Party.

Mexico City. June s.-EarnestIy can
sassing the best methods of giving ef-
rect To those principles which the pres
cnt political situation In Mexico has
Drought to the front. Provisional Presi-
dent De La Barra and Francisco I.
Madero sat alone for nearly three
hours today In Chapultepec castle and
mad heart to heart talk about the
events to precede the national elections
next TAU. IL was satisfactory talk,
according to both men. and had the eff
iect of defining the relations of Ma
dero to the executive.
To All Associated Press representa-
tive after the conference President Dc
La Barra said:
"Senor Madero recognizes the legal
ity OF my position, the fact that am
invested by the constitution with the
resource of dictatlve functions. but I
also recognize In him the leader of a
large political party. We understand
one another well and l am happy to
tell you that l feel confident of being
able To report to congress when It re-
conycnes In September the complete
restoration of peace In the republic"
Praise.
sThe provisional president was asked
what he thought about the policy OF
the United States since the inception
OF difficulties. lie replied:
Il have nothing but praise for the
conduct of the United States. In fact.
now that the revolution is over, / am
glad to applaud the calm and sagaci-
Gus policy of the United States. II
was strong. practical proof TO us
that the friendship of the United States
for Mexico has been and will be real
and sincere"
AS he spoke a messenger brought a
letter which President De La Barra
read slowly and with great interest
1T Is from General Reyes" he said.
He viii be here tomorrow early and
he comes. you know. with mission of
peace"
DO you think General Reyes will be
candidate In the next election?" he
was asked.
Il don't know. I can only speak for
myself. l shall not be candidate for
any office"
As to his future plans DE La Barra
asserted he probably would retire to
private life.
The Interview was interrupted by the
arrival OF an aide who reminded Presi-
dent DE La Barra that the hour for
his review of the cadets of the ma
tional military academy nearby had
arrived.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1911-06-09

clared, but against wide fluctuations.
The recent action of the Republic
Iron & Steel company In reducing
prices. ie said. was because officials OF
that company had decided not to CO.
operate with others In the industry
which proved. he thought. that there
was nothing binding In the Gary dim
ner deliberations.
Mr.. Gary's attention was again called
to his former declaration that he fay
ored government control of corpora
tions. He said he would have the gov
ernment license corporations engaged
in interstate commerce, first deciding
whether they were so entitled under
the antitrust laws He would make
the license reyocable for misconduct,
but in all cases it should retain the
right of appeal to the court, which
right, he added, "is the salvation of
this country"
Opinion of Wall Street.
His opinion of Wall street was
drawn out when he was asked con-
cerning the capitalization OF the United
States Steel corporation, and con-
cerning intrinsic values. The capitall-
zation OF the steel company, he insist
ed, was not too great In view of the
additional value given all companies
included when they were combined in
to one growing, vitalized concern.
Intrinsic values Mr.. Gary said.
ARE not always strictly regarded,
particularly in New York. There are
times when people in the market In
Wall street pay little attention to in
trinsic values Personally, / do not
know much about Wall street. / do
not care about Wall street, but / do
know that the selling price Of securities
In Wall street Is at times largely the
result of manipulation. That Is a sad
commentary, but 1t is true. Wall
street, Mr.. Chairman, II a good place
for you and / to keep away from
Mr. Gary was asked concerning
statements of value placed by Andrew
Carnegie upon his steel properties.
Il understand that Mr.. Carnegie Is
to be a witness before this commit
tee" said Mr.. Gary with smile, "and
am sure he Is "a good judge of values.
particularly regarding his own prop
erty. When Mr. Carnegie appears
ana sure this committee will hear about
some very high valuations.
The committee, in excusing Mr..
Gary, asked him to hold himself un-
der the subpoena and to return IL his
presence vas desired.
you know | plan to go to Europe"
said Mr., Gary.
go ahead" said Chairman Stanley.
"That will make no difference. You
will return before long and II the COM
James Gayley. a former vice presi-
dent of the steel corporation will be
the first witness tomorrow.