davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-10
OREGON SUPREME
COURT DECISIONS
TempletOn V. Lloyd, MultnOmah
County,

County.
c. r. Templeton, respondent. V.
Cecil B. Lloyd appellant. Appeal
from the circuit court of Multnomah
county. The Hon. John B. Cleland,
judge. Argued and submitted April
1S, 1911. Ralph r. Duniway, attor-
ney for respondent. ]. F. Boothe. at
torney for appellant. Bean, ]. At
! firmed.
This is a suit to foreclose a chat
tel mortgage, and from decree in
favor of plaintiff defendant appeals.
On May 21, 1909, defendant execut-
ed to plaintiff a note, due in 80 days,
for $4,000, with interest at eight per
cent, and a mortgage to secure the
payment of the same, upon one
Stearns touring car, No. 1116. The
note not being paid this suit was
brought, The complaint sets forth
the note and mortgage, which were
duly recorded.
Bean, j.; The defendant admits
the execution of the note and mort
gage, but denies the note is due, and
asserts that the note and mortgage
were given to indemnify plaintiff, on
account of his signing a note of L. F.
! Templeton for the sum of $500, dated
May 81. 1909, and that plaintiff has
not paid such note.
In regard to the transaction plain
tiff testifies: 81 got the note for the
transfer of an automobile, not this
one, but another one to which l held
the title, valued at $4,000" While
defendant testifies in regard to the
car for which the note and mortgage
in question were given: THE car
was sold to me; the bill of sale was
issued by Mr.. c. R. Templeton to
me-" 1t also appears that defendant
Lloyd took title to the car for which
the Thomas Flyer car, sold by plain
/ tiff to defendant, was exchanged. De-
| fendant also testifies that the chattel
mortgage and note had nothing to do
with the interest of $4,000 given L.
F. Templeton in the new car, and to
the question: And to insure L. F.
1 Templeton the $4,000, you promised
to pay for the Thomas Flyer ma
chine?' replied: THAT is what we
started out on, but before we wound
up it had nothing to do with this. -
L. F. Templeton, in reply to the que
ry, "And it is the same Thomas Fly
er that C. R. Templeton held the le-
gal title of for you?" answered in the
Affirmative on cross-eXamination tes-
tifying as follows: %. Well, on May
21st, at the time this note and mort
gage was given, didn't Doctor c. R
/ Templeton insist on that note and
motgage being given, so that it would
| protect you and himself to the extent
of $4,000, which amount Mr.. c. B.
Lloyd agreed to pay for your Thomas
Flyer machine? A, Well, yes, it was
given in protection of both"
Without considering the nature OF
form of the answer the evidence
shows clearly that the note of $4,000
was given in consideration for an au-
tomobile sold by plaintiff to defen.
dant. That defendant would execute
note and mortgage for $4,000 sim
ply to indemnify plaintiff for signing
p note of but $500 seems unreasona-
BILE. The amount is out of proper
ton. Much of the testimony relates
to transactions between defendan
and L. F. Templeton, which are not
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-10
COWS
ONE SHOT GUN
AND A LAW SUIT

The trial of Mrs. Minnie Ringwalt,
who is charged with pointing a gun
at the person of Stephen Hoover, is
on in the court of Judge Webster
this afternoon, Deputy District Attor-
ney Winslow appearing for the state,
and John Carson, of the firm of Car
son & Brown, representing the de-
fendant.
According to the testimony of
Hoover, there has been trouble be-
tween he and Mrs Ringwalt for the
past 19 years, and seven years ago
he had her arrested for a similar
charge. He testified that on June 7,
as he was driving his cows to pasture,
he had to pass her home, and, that
her gate being down, two of them
went inside She set the dog on
them, he declared, and when he re-
monstrated and drove the dog away,
and drove the COWS out himself, he
said she went into the house and got
a shotgun and pointed it at him.
The contention of the defense is
that the road in question is not a
public highway, and that Hoover was
trespasser at the time upon the
land of Mrs. Ringwalt and that she
had a right under the law to order
him away.
The parties live four miles south of
town.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-10
Your Neighbor's Experience

How you may profit by it. Take
Foley Kidney Pills. Mrs. E. G..
Whiting, $50 Willow street, Akron,
Ohio, says: For sometime I had a
very serious case of kidney trouble
and l suffered with backaches and
dizzy headaches. I had specks
floating before my eyes and l felt
all tired outand miserable. | saw
Foley Kidney Pills advertised and
got a bottle and took them accord
ing to directions and results showed
almost at once. The pain and dizzy
headaches left me, my eye-sight be-
came clear and today l can say l
am a we'll woman, thanks to Foley
Kidney Pills.'-Red Cross Phar-
macy.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-10
THE HOMES
RECEIVE A
TIDY sum

The state board, at its meeting
this morning, divided equally be-
tween the Babies Home and the
Boys and Girls Aid home, of Port
land, the $4,000 interest on what
is known as the Burbank fund.
This fund was set aside by Bur-
bank in his will for the benefit of the
two institutions. The will provided
that the interest on the fund each
year should be divided equally be-
tween the two institutions by the
state board.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-10
Motor Gar Insurance.

We write insurance on automobiles
and all kinds of power driven vehi-
cles at the lowest rates, and insure
against damages from fire under any
and all circumstances, whether in pri-
vate or public garage or on the road
or in accident. More cars are de-
stroved by fire than by all other
causes put together. Rates the low
est e. Hofer & Sons, 21S S. Com
,,oroiol street 5-22-tf
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-10

guilty to the charge. Judge Elgin
sternly warned Foster that he must
cease bothering little girls or there
would be more and serious trouble in
store for him. Foster said he would
gladly leave town as soon as the Jail
was completed.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-10

Lame shoulder is lamost invaria-
bly, caused by rheumatism of the
muscles and yields quickly to the
free application of Chamberlain's
Liniment. This liniment is not only
prompt and effectual, but in no way
disagreeable to use. Sold by all
dealers.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-10

for the note in question, and that the
same is due, resulting in its findings
for plaintiff.
Finding no error the decree Of the
lower court Is affirmed.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-10

William L. Howard, aged %, was
crushed to death under the wheels Of
a heavily loaded lumber wagon, at
Grants Pass Thursday evening.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-10
Announcement

For a consideration we will be
allowed to continue in our
present location until the 24th
of this month. As an extra
ordinary inducement for peO-
pie to trade at our store Mon
day, tuesday and Wednesday
we will sell
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-10

We like some persons better the
oftener they don't come to SO us.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-06-30
c. A. HANSON IS
name OF DEAD Man

Christian Anton Hanson. is the name
Of the man whose dead body was
found few miles north of Moorhead,
last Thursday by Steve Berrigan and
A. j. williams.
The body was identified by c. c. So
berg of Argusville, n. d., who viewed
the remains at the undertaking rooms
of A. J.. Wright & Son. Mr.. Soberg
was accompanied by A. f. Anderson,
also of Argusville. and he said that
the body was that of "Old Chris as
deceased was known at Argusville and
vicinity. Mr.. Soberg said he read the
report of the finding of the body in
The Forum and the reference to the
initials, S. A. H., on the mans right
hand. He did not read the paper until
late on Saturday and recalling later
that Hanson had been at his farm
during Monday night a week ago,
sleeping there and taking his break
fast the following morning, he and
members Of his family thought the
body might be that OF Mr.. Hanson
and concluded to come to Moorhead
and see the body for himself.
Hanson has been known about Ar
gusville for more than fifteen years.
Prior to five years ago he worked as
section hand on the Great Northern
railroad. During the last two or three
years he has been more or less Grip
pied up and has been addicted to drink.
He was an itinerant in his habits and
seemed to make the rounds OF the
country about ArgusviIle picking UP
his meals wherever he could at diff
ferent farms and working occasion
ally. When found on the roadside,
last Thursday Hanson had in his
pocket partially consumed bottle Of
whisky. The mans age is given as
upwards of so years.
Coroner Vincent and County Attor-
ney johnson will confer with the
Cass county officials at Fargo relative
to the disposition Of the body which
viii be inferred now without delay,
either by Moorhead or Fargo authors
ties.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-06-30
HOT SPELL
IS BROKEN

The hot spell seems to be effective
ly broken throughout North Dakota
today. Farmers and all closely in
touch with crop conditions are heav-
ing signs of relief as q result
While there has been no general
rain reported, news from all sections
Of the state, received here today,
show that there is cloudy weather over
all the state with the thermometer
from ten to twenty degrees lower
than during the first four days of the
week.
The crop has not been damaged. On
the contrary, some claim the hot
weather was Just what was needed,
but others say that some OF the fields
were beginning to turn yellow.
There was fifteen -hundredths of an
inch OF rain In Fargo last night. Some
fine rains are reported from the west.
Fine Rain at Souris.
souris. N. D., June 2s-A heavy
rain fell here Wednesday night and
this morning. The hot weather of the
last three days had started the grain
TO wilt and many farmers had begun
to think that the crop would be ruin
ed again by the hot winds, but this
last rain banishes all fear along that
line. There is moisture enough here
now to mature a fair crop.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-06-30
over
MINOT SITE

Mayville. N. D.. June 2s.--After
hearing q petition from large delega-
ton OF Minot business men against
the location Of the new state normal
school on the site selected south Of the
city, the state board OF control which
has been in session since yesterday
has decided to postpone the final se-
lection OF the site until the next meet
ing in July.
The delegation brought a protest
signed by over 500 residents Of Minot
which claims that the cost of hauling
fuel and supplies to the buildings will
be prohibitive. Governor Burke in a
long letter to the board also makes a
protest against the present Site
In his letter Burke urges that the
board select a site in the valley Of
the Mouse river closer to Minot which
will enable the state to save about
$4,000 a year in the cost of hauling
supplies. The selection OF the new
president OF the school win be made
at the July meeting.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-06-30
HAS
HIS innings

Washington, June 2s.-The adher=
ents of Lorimer had their innings to-
day before the senate committee in
vestigating his election when Hugh
Mclean of North Tonawanda, N. Y.
and John Mcleod OF Buffalo, N. Y,
both lumbermen. swore that they knew
absolutely nothing about the raisine'
of fund to elect Lorimer.
Both men came to washington on
different occasions as members Of DELI
egations interested in lumber legis-
lation, each time meeting Hines, the
Chicago lumberman, who was charged
with saying he raised the money ito
put Lorimer over at Springfield"
Edward Hines the Chicago lumber-
man millionaire, who, it has been tes-
titled, said he put Lorimer over al
Springfield" was today excluded from
the room where the senate committed
is holding its investigation into the
election Of Senator Lorimer.
This action was taken by the CONS
mittee at an executive session. Tho
committee considered It inadvisabIs
that Hines should be permitted to-
listen TO the testimony.
SINCE Clarence S. Funk OF Chicago
took the stand Hines has been allowed
to be present in the COMMITTEES room
and near The witnesses whose evidence
largely had conferred about his alleged
remarks about the Lorimer election
expense.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-06-30
GRAND LODGE
ELECTION

Grand Forks, N. D., June 2s.-The
elective officers Of the grand lodge OF
Masons of North Dakota were named
this morning. the session being con-
cluded at 1890. The appointive Of
fcers will be announced this after
noon.
The installation takes place today
after which will come the adjourn
ment
The elective officers:
Grand Master-Robert Morrison.
Pembina.
Deputy Grand Master-w. e. Hoov-
er, Fargo.
Senior Grand warden-WaIter L.
Williamson, Lisbon, N. d.
Junior Grand Warden-Frank e.
Cousin, Darlington.
Grand Treasurer Clinton d. Lord.
Park River.
Grand Secretary Walter L. Stock
well Fargo.
The sessions have been most sue
cessful. There are about 400 in at
tendance.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-06-30
PROF. LADD
IS Witness

st. Paul, Mimi, June 2s.-Prof. e.
F. Ladd. state dairy and food commits
sioner Of North Dakota, and Prof. J..
"A. Sheppard, dairy and food commits
sioner Of South Dakota, are here as
witnesses before Lyndon Smith, as
sistant attorney general, who is TAX
ing dispositions in the suit of the
American Linseed Co. against the state
of Minnesota In United States court.
TO declare unconstitutional the laws
regulating the purity Of oil sold in
this state.
The North Dakota law prohibiting
the adulteration of linseed oil is SINH
lar to the Minnesota law and South
Dakota is having trouble enforcing it's
oil laws because most of the oil ship
ped to that state comes through mail
order houses. Several days will be
consumed in taking dispositions.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-06-30
MAY Use
The PACT
AS Whip

Washington, D. c.. June 27.--An at
tempt by Chairman Penrose Of the
senate finance committee, to fix July
"a for vote on the Canadian reciproc-
ity bill, was deferred in the senate to-
day through LaFollette's objection.
The debate indicated that portion of
the republican insurgents and some
democrats will fight to have the wool
revision and free list bills passed first
SO that the president will have to act
on them before the senate passes the
reciprocity bill.
1T is perfectly apparent that the
president viii refuse to sign the reci-
procity bin If it is mixed up with
general tariff revision" said Senator
Williams of Mississippi.
by what authority do you say that
the president will veto general tariff
bills?' asked Senator Nelson.
'By the authority of common sense"
returned Williams.
Then is all this fight to pass the
wool bill and the free list bill simply
playing politics?" demanded Nelson.
NO" said williams 1--WE do not
expect to pass general tariff bill.
We intend to pass several small bills
on more important subjects in the.
hope that one or two Of them will
meet with the approva, OF the presi-
dent"
Bailey declared that the democrats
had no chance of passing. the wool and
free list bills without the support of
the republican insurgents. williams
declared the democrats could not Sc
cure enough republican votes to pass.
q general tufiff bill except as an
amendment to the reciprocity bill, so
as to kill both measures.
Senator Cummins declared the I'm
surgents were willing to take the re-
sponssbility of delaying a vote on
reciprocity until every feature of it
had been discussed.
Out Of the smoke of battle over the
Root amendment to the wood pulp and
print paper schedule of the Canadian
reciprocity bin, which the senate re-
jected yesterday, came a widening of
the scope Of debate over the bill, be-
ginning today. A pro-reciprocity
speech Of Townsend of Michigan, of
the delivery of which today he gave
notice to the senate last week, was
expected to be one Of the features Of
the discussion.
Reports. both majority and minority
on New Mexico and Arizona constitu-
lions, favorably acted upon by the
senate committee on territories last
Saturday, also are expected to be sub
mitted to the senate any day now.
The house adjourned over yesterday
until Thursday, when 1t will meet and
adjourn until Monday having no par
ticular business to consider. The sew
eral investigating committees contin-
ued in session meantime.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-06-30
REAPPoRTIoNMENT BILL
WITHOUT AMENDMENT,

Washington, d. c., June 2s.-
The senate committee on census
today agreed to report the
congressional reapportionment bin
without amendment provid-
ing for 433 representatives al
though practically all the commit
tee members had expressed them
selves as opposed to the increased
representation.
The bill provides for forty two
representatives over the usual
number and was framed so as to
prevent decrease in membership
from any one state. Three of the
ten members present, LaFollette.
Dupont and Mclean, voted in the
negative, but while expressing dis
approval Of an increase the other
seven decided to allow the house
to have its way in matter so pc
culiarly pertaining to its own
affairs.
The report will be withheld for a
week to give LaFollette time to
prepare a minority report which
will be presented by Bailey.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-06-30
STEWART
OUTLINES
DEFENSE

Bathgate, N. D.. June 2S.-The line
Of defense that will be employed by
Ernest A. Stewart. former immigration
officer at Neche. n D., and who was
arrested yesterday in Winnipeg charg-
ed with the murder of Phillip worraII,
was indicated by him in a statement
70 Sheriff Foster OF Pembina county
today. Stewart declares that the skel-
eton that has been found and identified
as that of Worrall, is not, as a mat
ter Of fact, that OF worrall.
Active preparation for hrs defense
was made by Stewart this morning
when he employed James Burke, a
Bathgate attorney, to represent him.
Stewart win make hard fight for his
freedom and denies absolutely that he
is guilty.
In discussing the identity of the
skeleton supposed to be that Of wor-
rail-, Stewart says the clothes found
are not those worn by Worrall when he
disappeared. The clothes Worrall did
wear at that time, Stewart says, were
given to Worrall by himself at the
immigration station.
Stewart has a wife and daughter is
years old and has been engaged in
the real estate business at Winnipeg
since his retirement from the immigra-
ton service.
c. Gymm Of Neche, Stewards assist
ant at the time OF the supposed murder,
denies any knowledge of the affair. He
is only 20 years old and his mother
ts a prominent Neche resident, his faith
ar diving 3ayaraf WARS sro tn e.&&A~
was for time an inmate Of the James,
town asylum for the insane. The hear
ings were due to start this morning.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-06-30
VOTE TO Unite
The LUTHERANS

st. Paul. Mimi, June 2s.--At meet
ing of the Norwegian Lutheran synod
this morning. the committee on the
church alliance unanimously reported
that the union with the United church
and the Hauges branches was desir-
able and recommended that new
committee be appointed to continue
the negotiations with view of unit
ing the three branches.
The synod continued its election of
OFFICERS today. C. ID. Jordan of Nor
way Lake. Mimi, was elected Sec
rotary and members also were elect
ed to the church council school board,
auditing committee board, board of
trustees for the Lutheran college and
other standing boards and commit
tees.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-06-30
PLEADS GUILTY
TO FEARFUL CRIME

Mandan, N. D.. June 2ss-Assistant
States Atty. J. e. Beum and sheriff
O'Brien Of Oliver county arrived in
Mandan with John Koch, who Is charg-
ed with the crime Of incest. The crime
is preferred against Koch BY his Is
year-old girl, whom 1t is said has had
two children by her father. IN accordl
ance with the new law recently passed
the defendant was brought in before
the judge to sign written confession
and receive his sentence.
However, Judge Nuehols remanded
him to the care OF the Oliver county
officials until Thursday, when he win
be at Center ana at which time the
man will be allowed to enter his plea.
When he pleads guilty it is probable
that he will be given penitentiary
sentence.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-06-30
CUMNINS SAYS
PACT is UNLAWFUL

Washington, d. c., June 2S.-The
fight against Canadian reciprocity in
the senate formally was opened today
by Cummins Of Iowa, who in present
Ing number Of amendments to the
bill, denounced it as obviously unjust.
He protested against the 'usurpa-
ton of legislative power" by the presi-
dent, and declared he did not believe
the president could lawfully make
proposal to Canada or receive one from
that country. He declared congress
was the only power that could make
a proposal for reciprocity. Cummins
announced he would cooperate in any
attempt to get lower duties in other
tariff bills.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-06-30

and Mrs. Rees could have given their
daughters knowingly 10 life OF IN
fanny The only explanation 40 far
given Ia that Sees teachings were OF
two fold. one the unpublished part
which has been produced In court and
which the mothers did not know Of.
The girls Mildred and Mona. con-
tinue 70 uphold the teachings Of see
and are proving clever witnesses for
the defense
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-06-30

At 10 o'clock the case Of G. l..
Bickford, who is charged with the
ENFORCEMENT of 100000 while he was
state treasurer was given to the jury
after a trial lasting eight days.
The courts charge followed an hours
final argument by the state.
The courts Instructions were that
the fact that the state had .5st moth
ing by the alleged manipuIations
should not be considered in the YER
dict.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-06-30
MORE CONFUSION
OVER RAIL RATES

washington, D. G.. June 2S--As the
result OF an inquiry made on its own
initiative. the Interstate commerce
commission today. in q formal opinion
held that only carriers subject to the
interstate commerce act should ar
range for interstate shipments on
freight. The opinion related to what
are known as trans shipment tariffs, :,
between rail and water carriers, which
long have been the source Of trouble.
Commissioner Lane. while concurring
in the opinion, declared that, III II be
possible to add to the confusion and
uncertainty that now exists BY reason
Of unlawful distinctions made BY
trans-shipment tariffs. that has been
done by the decision in this case
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-06-30
WOULD DISMISS
U. S. CONSUL

Washington, d. c. June 2s.-Tna
dismissal Of United States Consul VIM.
H Michael. at Calcutta and Thomas
Morrison, disbursing clerk at the state
department as result OF a recent In
vestigation of portrait vouchers ia
recommended in a report which sub
committee OF the house committee on
expenditures In the state department.
VIII present to the full committee to-
morrow. Michael formerly was chef
clerk of the department.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-06-30

Chicago, June 2s.-The complications
OF the love jungle in the teachings Of
prophet Evelyn Arthur See OF the
Absolute Life Cult are more serious
as the trial progresses. The state has
produced evidence to show that the
teachings OF See were based on inn
morality.
The unexplained cofiundrum Of the
trial is how two mothers, Mrs. Bridges