davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-28
fusing to grant a new trial.

iuSin5 10 grant new trial.
Moore, j.: Plaintiffs counsel, in
sisting that the action of the court
last referred to is not renewable,
moves to dismiss the appeal from the
order denying the motion to set
aside the judgment. The bill of ex-
ceptions does not contain any afida-
Wits or other evidence to show where
in any irregularity in the proceed
ings occurred at the trial, or disclose
that any motion was interposed for a
Judgment Of nonsuit, or that any re-
quest was made for a directed YER
dict in favor of the defendant. No
issue is raised by the pleadings as to
any tender of money nor is that sub
ject referred to in the bill of excep-
tions. The question is suggested
however, in what was prepared by de-
fendant's counsel as a transcript but
was not certified to by the trial Judge.
In constituting an amendment of
the statute claws Or. 1907, p. 913,
Sec. g. now incorporated in the code
IL. o. L. Sec. 54S (which provides
that "an order setting aside a judg-
ment and granting a new trial, for
the purpose of being reviewed, shall
be deemed judgment or Decree" it
was held that the change thus made
limited an appeal, in that particular,
to an order granting a new trial.
oldland v. Oregon Coal G. Nav. Co.,
1O2 Pac. 596. 1t might seem to fol-
low from that decision that If a new
trial were not granted the party
against whom the judgment was rem
dered could not predicate error ON
the courts action in that particular.
1t is argued by defendants counsel
that such Interpretation is too mar
row; that in selecting the jury or at
the trial incidents may occur, and
after the jury retires circumstances
arise of which the defeated party had
no, knowledge until after the verdict
was returned; and that considering
together all the provisions embraced
in the amendment of the statute
claws Or 1907, p. 311, Secs. 1-6) the
refusal of a court to set aside a judg-
ment and to grant new trial should
constitute grounds for an appeal
Before any alterations were made
in the statute referred to, the power
of court to set aside verdict and
to grant new trial was conceded, but
the party who had prevailed at the
trial could not have the order re-
viewed since it's effect was not final
in that it left the cause in the same
condition as though no trial had oc-
Cured. AS an exercise of such pow
er necessarily defeated the expecta-
tions of the prevailing party to reap
the fruits, or to escape the conse-
Quences of judgment, the statute
was undoubtedly amended so as to
make an order granting a new trial a
final Judgment from which an appeal
will lie.
Every party is entitled to fair
and impartial trial and if he is ma
terially prejudiced by any act or con-
duct occurring at the hearing of
which he had no knowledge until af-
ter the verdict was returned and
could not have called the courts at
tention to the matter and secured a
ruling thereon which, If adverse,
could have been excepted to and thus
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-28
DAILY BULLETIN
BANK BLDG,

Ihe best piece of investment prop
erty adjoining the city limits. 1t is
View property on the South, and the
last tract adjoining the, city limits
'nat has not been cut up. Half cash,
and will cut up into so lots. For an
Investment of $4,25O cash and three
years time on the balance, you can
get hold of income-producing prop
eFty' plant your own home on the
most beautiful spot and surround
Yourself with your friends. There is
only one such chance left and it will
Ve gone in a few days. On $4,250
cash. and three years time ON the
balance, you can sell lots and get a
return of $4,000 to $4,000 on an in
V'stment of $500.
mountain View boulevard is being
Planned on the west side of the Moh-
ney and Falk tracts, through from
mural avenue and up the grade past
'ae hansen property and back north
a'Ons the ridge through the Candle
,arla fruit farm already plated by
waters Bros. That will give the pub
ny the most beautiful scenic drive
way ever laid off, and bring all the
property on the Automobile drive into
~e market with the best class of
nome builders.
iou Will be sorry if you do not Sc
,s sVl home on the new Mountain
new tract just opened on the South
commercial street carline. That
p,Oper'y is going off fast, and offers
'u an orchard in full bearing, or
"a'l fruit already in full crop.
W., we nave 24O-acre stock ranch
r',. nm iruit and Improvements, and five
river. W ''i'
oa -He best five acre tract near this
lsoa. ~, orchard in full bearing and at
Sooo o $500 in improvements, for
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-28
Residence

Large residence on corner lot, 1875
xS2, one-half fruit, fine improvements,
rents for $50 per month. .$65OO
Good $500 dwelling and two lots,
corner High and Mission, close in
residence property, for sale for
short time for bargain Has modern
improvements, and price includes
street and sewer assessment. $4,000
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-28
Manufacturing

We have at the present time a most
excellent manufacturing proposition
for sale, an old established business
in one of the best locations in Salem.
Owner wishes to retire and will give
easy terms.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-28
FARMS

265 acres, 12O in cultivation, 5,OOO,-
900 feet of cruised timber. Two run
ming streams. One mile from Lin
coin, Ore. Per acre. .....$65.OO
so acres between Woodburn and
West Woodburn; per acre. =. 800
Prune farm Z miles south of Salem,
40 acres planted 2 years ago, 1875
acres in cultivation. Per acre. 500
100 acres fruit land at Oak Grove,
Polk county, church and school, good
fences, one mile from Cowley station.
Per acre ................S S65.OO
Three so acre farms near two rail-
roads, with school close, cleared land
with timber, finest of soil. Per
acre. ................... .SlOO
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-28
LOOK THIS OVER AGAIN.

A gentleman living at the present
terminus of the South Salem carline,
west of Commercial street, has 10
acre tract of land which he wishes
to dispose of for a lump sum if he
can do so within short time. To do
this he has made the price such that
the buyer can double his money by
dividing the property into town lots.
You ask why he does this. We an
swer he has reasons of his own which
will be explained to an intending pur-
chaser.
This is one of the most desirable
pieces of view property and residence
property in the vicinity of Salem.
1t is located just outside the city
limits where 1t Will have low rates of
taxation for a number of years to
come.
1t commands a view Of the whole
city and the Cascade range of noun
tains, is the richest soil imaginable,
and perfect for gardening or fruit,
so that man with lot 50x100 can
grow all his family will ever con-
sumo.
1t is perfectly cleared and drained
land and if laid off into lots can be
sold as fast as the deeds can be made
out on the proper terms.
No such an opportunity for invest
ment for subdivision purposes exists
today where a man can double his
money inside of six months on prop
erty within a few minutes walk of a
15-minute car service, and practically
Is minutes from any part of the busi-
ness parts of the city.
Terms, $500, half cash, bal
ance to be paid one-third each year
for three years, six per cent interest.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-28

If you have property to sell, will
be pleased to consult with you. We
have an efficient selling agency, with
up-to-date means of showing prop
erty, promoting sales and advertis-
ing. We can convince you that 1t is
to your interest to place your prop
erty with our agency.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-28

Continued on Page g.
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-11-24
a HAIRS BREADTH.

A hairs breadth" is 100000 OF ar
inch. For the purpose OF such line
and delicate measurement. toolmak
ers use what is called micrometeI
caliper. The hairs breadth is some
thing that has to be taken into cc1
siderati0n in the manufacture Of 9
thousand and one things In the ma
chine makers art. Close calculation
of this sort must be done on the doors
of bank vaults, for example, where
every part must At to the incest de
gree.
In addition to the micrometer cali
per the ring gauge and plug gauge
are also vital factors In securing ex
actness in metal work.
Failure to take into consideration
the contraction and expansion OF met
ais occasionally produces disastrous
results, as in the case of manufac
turer who had prepared dies In which
castings from soft metals were to be
made. An error Of several thousandthf
of an inch In the diameter of the fin
ished castings resulted, and they were
rendered useless.
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-11-24
TAGS FOR BABY CARRIAGES.

In Berlin a new law has beer
passed requiring that all baby car
riages be licensed and conspicuously
tagged, as shown. A record is kept
by the police authorities of each baby
carriage, its license number and the
name and address OF the owner.
Fond mothers of Berlin babies are
said to be very much In favor OF the
new law, because new nursemaids con
gregating in the public parks with
their precious charges have been
known to take home the wrong baby
and carriage. Distraction and con
fusion has followed before the babies
were restored to their own mothers
With license tags on the carriages II
will be easy to restore babies brought
home by mistake.
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-11-24

The total estimated loss for the tn1r.
teen years amounts to $34, 1877, or
an average annual fire loss of $2,629.
$50.
Considering the size Of London the
fire losses appear to be very small,
and this is accounted for by the fact
that there are practically no frame
buildings In London, that the ware
houses and business premises gener-
ally are of slow combustion construc-
ton, and that the dwelling houses are
usually built of stone or brick. with a
minimum amounC of inflammable wood
material. The humidity Of the climate
also tends very materially to keep
down IRE losses.
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-11-24
Wesley's Cup FILLED.

On one occasion Wesley said, while
preaching in Dublin: "All crimes have
been laid to my charge Of which a
human being Is capable. except that
Of drunkenness. !" Whereupon woman
arose and shouted: You old villain!
And will you deny that you pledged
your bands to Mrs. Blank for z noggin
o. whisky, and didn't she sell them to
our parsons wife?" After a moment
Of amazed silence ON the part of the
audience, Wesley calmly thanked
God that his cup was now full"
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-11-24
A MILE PERPENDICULAR.

Many years ago, soon after Joaqnfn
Miller had settled In his present home.
'The Heights" asksa~him where he
lived. His reply came promptly:
Three miles east one perpendicular!'''
In that expression you have graphic,
symbolic statement Of Joaquin'1
mental habitat He HRS nespDr the
rising sun than most peeple. and his
normal dwelling place II = mile Per
'pendicular. 8 His neit 4 On '-The
Heights:" his eye Ear seeing, blpe.
PROPHETS. keen. Kind: and his soyl 81.
tuned, when he sings, 10 the hafmonY
Of tho sphere. George wharton Jamee
IA National Magazine.
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-11-24
Paper Drinking Cups.

In the schools Of Austria the chill.
dren are taught to carry several sheets
Of, writing paper In their pockets at
all times. Then, when a child is
thirsty, he can roll one Of the sheets
into q cone and make perfectly serv.
iceable cup which may be placed.
after being used, in the nearest waste
paper box. How to roll the cones
deity is taught the children. The
tearing Of a notch about half an inch
long near one end before rolling the
cone serves to make the improved
cup stronger.
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-11-24
lnlluence 81 C,otne..

Glo&hes have = most Surprising In
huence o. the mind Il you don't b
ne$e e son2e DAY when you ~ tired.
or p@4aps Illus o. even cross, take Z
baths pat On Sbmething dainty fresh
nem top 20 too. and your best go-to.
meeting gown, and you'1l feel y Il
2 fairy wand had suddenly touched
Jon N1th some wonderful. >transform-
ing power. YouT nnd yourself look
iu9 At the world through rosy mist
lnstead Of clouds OF dull gray. Il win
- easy to smile. Suburban Lie.
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-11-24
Medical Dinner.

Sallie, 4 darby cook down In vir.
gfnia, has been taught by her mistresf
to cook chickens en- casserole-an 40
complement in which she taka
great pride It is always done on oc
casions of state, and Sallie hunts up
company to show her prowess. Sum
day morning recently she came In
gleefully with the remark: "Yonder
come Mr.. Clifford up de road to see
Miss Judith. Hadn't I better cook the
chicken In castor oil"
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-11-24
4. TIE !.
S(<[lAl
BOOK
LONDON FIRE LOSS.

An estimate OF the monetary losses
caused by fires in London from 1893
to 1911 has been submitted by the
chief officer of the London fire brl
gade to the London county council
The estimate does not cover the ex
penses incurred by insurance compa
MES and others arising out OF claims
for damage resulting from fires, MOI
does it include any consequential
losses which the owners of property
may have sustained.
In 1910 for fires In which the loss
did not exceed $243 in any case the
total damage done was $7S.605; the
loss for fires between $243 and $48t
was $43.336; between 1886 and $2,433
$212,17S; between $2,433 and $4,S66
$133,438; between 1886 and $24,332
$623,39S; over $24,332. $1.s44,160; in all
$2,93O.115.
The annual losses from 1898 to 1905
inclusive are given as follows:
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-11-24
I errfbIe Suffering
Eczema An over- nahv,e. Rodv.

EcxemA Al Over Daby'o Body.
When my baby was four months
old hls lace broke out with eczema.
ana A. sixteen months Of age, his face,
hands and arms were IA dreadful
state. The eczema spread All over his
,pody. We had to put mask or cloth
over his face and tie up his hands.
Finally We gave him Hoods Sarsapa-
rilia ana in e few months he was en-
llrely cured. Today he Is healthy
ooy Mrs. Ines Lewis, Barring. Maine.
HOODS Sarsaparilla cures blood dis
eases ana builds up the system.
Get II today In usual liquid form or
cnoc0lateda tablets called 0aroatabos
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-11-24
Makes CLOTHES WHITE.

The troublesome problem Of wash
day solved BIZ RED CROSS BALL
BLUE The blue that ID all blue.
Solid package: no liquid to leak or
spill. No adulteration. Made for 20
years and used everywhere.
a large package only 10 cents.
Makes the clothes snow white. Less
Dother. less waste, More satisfactory
results and practical economy. ASK
YOUR GROCER.
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-11-24
Free to our Readers

Write Murine Eye Remedy Co, Chicago, for
about Your Eye Trouble and they will advise
as to the Proper Application of the Murine
Eye Remedies in Your Special Case. Your
Druggist will tell you that Murine Relieves
Sore Eyes, Strengthens Weak Eyes Doesn't
Smart, Soothes Eye Pain, and sells for Soc.
Try It in Your Eyes and in Baby's Eyes for
6caly Eyelids and Granulation.
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-11-24
|2s|||2 |!I|lZ 1 ns55I YES
Waterproof Glue.

To make an impermeable glue, soak
ordinary glue In water until It softens,
and remove it before It has lost its
primitive form. After this dissolve
it in linseed oil over slow IRE until
It II brought to the Conscience. OF a
jelly. This glue may be used for join
ing any kind OF material. In addition
TO strength and hardness, 1t has the
advantage Of resisting the action Of
water.
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-11-24
Old Cornwall Ceremony.

Dancing is q part Of semi-relig.
ious ceremony held at st. Ives, Corn
wall. on the day Of the feast Of st.
James. The people dance the old
Cornish ''Flurry" dance and "The Girl
! Left Behind Me-" and then sing the
"Old Hundredth." After that they
have banquet and small sums Of
money are distributed. The custom
dates from century ago, when q
fund was established for the purpose
by Q man named Knill. It Is known
az the Knills ceremony.
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-11-24
Hat MascuIIne and Feminine.

Hat MaocuItne and retnIntnee
Let US thank heaven that the hat
masculine is no worse than 1t is and
of the hat feminine paraphrase the
words Of Hamlet when he held In his
hand the grinning skull Of Yorick:
Nov get thee to my lady's chamber
and tell her that no matter what her
hat to this complexion she must come
at last"
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-11-24
Arsenic for Baking Powder

TO use arsenic instead OF baking
powder while she was making bread
was the terrible mistake made by
native woman recently, at La Grange
Bay. w. A. Five natives died from
eating portion of the loaf. and two
others are recovering.
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-11-24
Permanent InstItutlon,

We are getting the information from
Paris right along now that the corset
II going to be abandoned the coming
season. Every few years something
Of this kind Is given out. but 1t doesn't
appear to affect the corset. Paris can
do almost anything with the fashions,
but It has never yet been able TO put
the corset out OF business.
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-11-24
Az old Tean,.

The Utilities were an ancient nine
Of more than local fame. Their In
side play was very nne;. they studied
we'll the game. They bested Babylon
one year By twenty points or 70; LETT
Tyre and eidon IN, the rear. and beat
ont Jericho. stiineton Herald.
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-11-24
His Real Meaning.

When d bad-tempered man grows
emphatic in his remarks and says nd
does not care curse" he means, or
should mean, to be correct. that he
does not care cross, the linguai
metathesis here being similar to that
which makes "gooseberries" out OF
gorseberries.
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-11-24

For over fifty years Rheumatism and
Neuralgia sufferers have found great
relief in Hamlins Wizard Oil. Don't
wait for inflammation to set in. Get q
bottle today.
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-11-24
superffne Strategy.

Strategy in war" explained the
irish military instructor, "is whin ye
don't let the inimy discover that the
ammunition is run out. but just kape
on firing"
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-11-24
COLT DISTEMPER,
OVERALLS AND SHIRTS

QUALITY thought manufacturing 'BG FIVE
working clothes You them well made and have been
MADE ENGINEERS OVERALL the best value will find
where ASK YOUR DEALER FOR DAYS BIG FIVE" BRAND.
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-11-24

Constipation causes many serious dis
eases. It is thoroughly cured by Doc
tor Pierce's Pleasant Pellets. One q
laxative, three for cathartic.
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-11-24
Hits Himself in Head With Hamme

Hits Himself in Head With Hammer.
It is just as reasonable to hit your
self in the head with hammer to
cure headache as it is to try to cure
rheumatism with alcohol. Salgrene
contains absolutely no alcohol. Pro-
durable at all druggists.
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-11-24
DR.. Pierce's FavOrite Prescripti
Monumental Majority.

Monumental Majority. ~
II one could get the vote of those
who feel worse the day after holiday
than they did the day before. he prob
ably could be elected -Atchison Globe.
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-11-24
Toscet Rid OF SnaIIs.

a friend whose large garden was be-
ing overrun with snails wrote to the
bureau Of agriculture at Washington
for remedy. She was told to put
large pieces Of cht raw potato ON the
under side OF I board, raised at one
end. q few inches from the ground.
This she ala, with the result that in
one week a thousand snails had col
lected In that one spot.
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-11-24

Mothers WIN Ind Mrs. Wirstcws Soothine
syrup the best remedy to use foE their children
Turing the teething period,
The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-11-24

Doctors Privileges.
In the year 1913 the city of London
contained only thirteen surgeons ana
doctors all told. They were exempt
from serving on juries and from bear
Ing arms in time of war.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-01-14
LEROY kline RELEASED
BY JUSTICE C0NLEy
Case of Grand Larceny Was
Not Proven.
The Whole Matter Resulted From a
Little Joy Ride Taken Just Follow
ing the Christmas Season.

The hearing of Leroy Kline, who
was charged by DR.. f. NJ. BALDWIN
with having taken automobile trap
pings valued at $47.30. constituting
grand larceny. was concluded in JUS
tice G.. II. Conley's court Friday even
ing and Kline was dismissed.
The complaint grew out of "A JOY
ride which was taken by Kline some
time during the latter part OF DE-
cember 1t was shown in the hear
ing that Kline had taken an automo-
bile from the garage of DR.. BALDWIN
and that the robe, pump, jack, KIT
of tools and other accessories were
i'm the machine when 1t was driven
away, but It was not shown they were
missing when 1t was returned. There
was no evidence upon which Kline
could be held and he was given his
freedom.
The matter which brought the case
TO a head was the attachment by
Kline Of another automobile Tor
$3.50 which he claimed was due him
from DR. Baldwin for labor. Kline
took an automobile to Mt. Gilead'
representing that he had an oppor-
tunity to sell It. While I'm Mt. Gilead
he had the machine attached for the
amount he claimed to be due him
| from DR.. Baldwin. DR.. Baldwin later
put up bond covering the amount
| of the attachment ana the machine
was returned to him.
The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-01-14
The Document Figured in a
Recent Election.
WAS PLACED ON EXHIBITION
Receiver Asked For Ber-
ringer Properties.
Christian Ruth Wants Sheriff APP
pointed TO Collect the Rents--F. ID.
Schweinfurth Dcmurrcrs TO the
WolIenweber's Petition.

The case of Frank r. Saiter against
j. u. Patten has been appealed to the
common pleas court from the justice
of the peace court.
Saiter alleges that on January 3,
1894, Patten gave him his note for
$41.90 with interest at eight per cent.
and that on November 10, 1905 he
paid $14.O0, leaving balance at this
time of $95.62 for which judgment is
asked.
This note has quite II peculiar his
tory as will be remembered by those
who were convcrsant with the cleo
ton of 1908. In that election j. B.
Patton was a candidate for county
treasurer against w. G. Wottring. on
the day of election Mr.. Saiter posted
the note in the window of his place
of business on South Main street and
soon there was quite curious crowd
gathered and comment was quite cx-
cited and violent. An effort was made
to have Mr.. Saitcr remove the note
from his window, but he stood pat'
and during the entire day the note
was exposed to view.