davidaulloa/AmericanStories huggingface dataset:
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-12-12

L: l.. Devereaux. respondent, vs.. G.
r. katz. appellant.
An order overruling a demurrer to
the complaint is an intermediates or.
e within the meaning Of section
12l6 r. c. 1905, and consequently a
stay OF proceedings on an appeai from
such an order is. under the express
language Of such statute, within the
discretion Of the trial court and the
proper exercise thereof will not be in.
teriered with by the supreme court.
An application to the supreme comrt
tor an order allowing and fixing a
suPersedeas bond on appeal from an
order, overruling a demurrer to- tho
complaint will be denied where -
appears that the trial court denied a
similar application. and it not cIear,u
appearing that In so doing such court
abused it's discretion. e'"
lSyliabus by the court.)
Original application for an ordar
allowing and fixing a supersedeas I'm.
dertaking an appeal. u"-
Application denied and order IN
show cause vacated. '"' 10
Paul Campbell for appelIant
a; r. Coger and T. A. Toner 10
l.. Young of ~counsel) for r%esnonden NJ
Opinion by Fisk, j.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-12-12

Anderson Mercantile a
corporation. plaintiff and appellant,
vs.. Oscar r. Anderson and John r.
Anderson, defendants and respond
ents.
Under the plea of general denial to
an action upon the contract, the de.
PENDANT may show that the contract
etween him and the PLAINTIFF was a
different one than that set out in the
complaint, or that no contract at all
was made.
Held. that where a managing agent
or a general store started an account
with stockholders Of the
and allowed such persons to take out
goods from the store for the purpose
OF trading out a balance found due
ana owing to them on such account.
but that the allowance of part of such
account was improper and unauthor-
lied, being based on dividends in the
company, which had not been declared
ny directors of the corporation, the
corporation could not afterwards sue
Tor the value Of such goods without
first having repudiated the contract
and demanded a return o. the same
lSyllabus by the court.)
Appeal from district court Ramsey
county, Cowan, j.
Action to recover money for goods
soid n delivered. Defendant Mead
ed a qualified general denial. Verdict
and Judgment for defendants. Plain.
tin appeals.
Affirmed.
Middaugh & Cuthbert, for the an.
pellant. ~ az
w. M. Anderson for the ~responden+
Opinion by Bruce. ].
Iditarod pioneer., 1911-01-22
THEY PUT SOLLY
 GENTLY ID SLEEP

Probably everyone from the upper country remembers Solly Stroup, the veteran lightweight who used to swap swats with ambitious glove artists at Dawson and Fairbanks, and who was considered fine little bit of man in his day.
 Well, it seems that Solly has seen his best days He is still nosing around in the pugilistic game, and the last we heard of him he appears as a debutants in Tacoma, evidently proceeding on the theory that if he picked a slow town he might meet up with some dead ones who would tamely submit to his endeavors.
 The thing came of in the Glide rink some time ago. Solly was down on the card for go with Young Phillips, but the affair came to sudden and dram atic finish in the second round, and it wasn't Phillips finish either. As des- cribed by writer on the Tacoma Tribune, the thing went something like this:
 The knockout punch handed by Phil | lips to the veteran Stroup came so un- expectedIy that the performance sug- gested rehersal. The aged swat swapper took a dramatic drop to the canvas, let the referee count ten over hie form, arose to hfs knees, birlea in the air, got up, staggered to his feet and Topped into his chair, after which he dispensed with the histrionic work and went to his dressing room"
 Yes, it's about time for S0lly to quit the game, he was good old wagon, l but he done broke down.
Iditarod pioneer., 1911-01-22

That was the first down the creek, but it is not to be supposed that the snow had abated to any appreciable degree at that time. In fact, the Guggs, working on the Wildcat association, hauled out logs for cabins on the 23d of May and went through deep snow all the way.
 It will be remembered by some of the first arrivals in June that the snow lay deep on the sidehill at the extreme head of Flat, and that on the first day of June when the steamer Panama ar rived at Iditarod city, there was snow on all the surrounding hills.
 Many alleged authorities state that last spring was an unusually late sea- son. and this may be so, even though we are at a loss to account for their knowledge. However that may be, it's probably a safe bet that slulcing will begin on the creeks between the 1st and 10th of May.
Iditarod pioneer., 1911-01-22
Morrow Sells All

John Morrow, who was over here from Ophir last week pulled of big deal with Jack Sheedy ere he departed, by the terms of which Morrow gave a quitclaim deed to all the mining ground and real estate which he owned in the world.
 There were no immediate wrinkles on the surface of the financial market in this vicinity, nor is it likely that Wall street stocks were seriously eff fected, for the deal was kept as secret as possible.
 John sold & one-sixteenth in the Prospector association at the mouth of Flat to Sheedy for s250. After the money was paid over and the papers signed, Morrow confdentially informed Sheedy that he had sold him all the land he possessed in the world.
Iditarod pioneer., 1911-01-22
DOES NOT LOOK
 GOOD ID THEM

Filled with a surfeit of hard work, and a lack of beans at the proper mo- ment, Dan Sheedy and Paddy Campbell got in from Little creek, near the head of the Iditarod, couple of days ago and announced that they had seen no auriferous gravel of such character as to cause them to tarry in that inn mediate vicinity for any further astro- nomical observations. In other words, they think they have stayed there long enough.
 It seems that they didn't find any thing on Little, nor did anybody else. Plenty of holes had been put down there but there was nothing stirring, and therefore everybody is coming back.
Iditarod pioneer., 1911-01-22
MAY PASS PLACERS
 ON SEWARD TRAIL

There is a report of strike on the Hartman river, tributary ot the South Fork of the kusk ok vim. There are a number of prosPcctors there and one man is already re- ported to be taking out better than wages, or was with the close of sluicing last fall.
 This river lays along the Seward trail and more will doubtless be heard from it before spring.
 Mushers going toward Seward cross from Berry's roadhouse, at the mouth of Big river to tine South Fork, distance of 5 miles to Capt. Holten's where the steamer Msdee is now wintering. Eighty miles above Holten's is Hartman river where good placers are believed to exist.
 According to information re- ceived about the trail ahead of the report of the Goodwin party, the traveller follows up the South Fork 6o miles to Rhone river and tbence up Rhone river to Rainey pass, distance of 20 miles. These are only estimates as 10 distance and may be corrected when the report of the read commission comes ill.
Iditarod pioneer., 1911-01-22

of the Idtarod Nugget presided and set forth in able manner the purposes of the meeting. He urged op- eration on the part of the citizens in the building of public necessity and his remarks met with enthusiastic support
 The hall known 10 be certainty from the start al though nobody could put hi finger on it Therefore it came simply proposition of elecng committee to go out and look for a place for it. Bob Simpson, Frank Miller Jack Baird Herman Anderson and Charlie Miller immediately put tue job and the meeting ad- journed
 Right here is where the Arctic Brotherhood beg II to up and lake notice. They decided that they wanted to the responsibility of building the ball and the plan with universal favor. Many taken before the crowd had dispersed of those who desired in the brothelh od in charter could be secured for this camp.
 On Friday night another public meeting was held with Major Strong i'll the chair but the question of location had been determined an! the committee given until Monday night to put i'll final report.
 Following tie adj urnmen of thiS -eting, the A $ gt grther for few minutes and affected temporary organization to hear the report of the committee 1a had been Canva>iug the town for signeis to tue roll
Iditarod pioneer., 1911-01-22
Fears Concerning
 His Whereabouts

According to the latest information from the Yukon, Ed Greider, lhe we'll known musher who started from Dike- man on December 13 had not arrived st his destination at Fort Gibbon, neither had he put in an appearance at any point along the river.
 He was making Q hurry-up trip in connection with some mining deal and had arranged to communicate with Cy Noble at Gibbon from different points where telegraphic communication was possible. No word had been heard from him when the last mail left Nu- lato on January 5, and although his non-appearance is not causing any seri- ous apprehension, there is possibility that he may have met with some mis- hap or have been caught in bad storm and become lost. It vas known that he intended to strike straight across country, and there is some slight basis for the pellet that he may be lost.
 When informed of the fact that he was overdue, it was surmised that pos sibly it might be Greider who met with that sudden and terrible end on the Ditna three weeks ago. but it seems that men who knew him were present at Diksman when the inquest was held on the unknown man buried there recently.
Iditarod pioneer., 1911-01-22
COMING AND GOING

Over on & business errand that would not wait, Harry Sheppard, deputy mar shal at Ophir dropped in the other day in quiet sort of way and announced that he wouldn't stay long. He says they are peaceable over in the Innoko diggings because too busy looking after that homestake.
 Doc Holmes, formerly deputy mar shal at Flat, and now partner with Dan Sutherland and John Cameron in lay on Ia Granite, came in Wednes- day to find out about the price of spuds and nuggets is willing to exchange one for the other equal weight. Doc says there will bs things doing on Granite next summer, and with that combination,-two marshals and 8 revenue collector. who could beat it.
 Mir. Hansen, 8 famous dog-musher and an old-timer, left for Nome last Wednesday, taking as passenger Mrs. Dora Wadman, one of the two young ladies who recently made the trip by dog team alone from the Boring sea. Mrs. Wadman did not find the country to her liking and sad that Nome looked
Iditarod pioneer., 1911-01-22
BOOSTERS BOOM
 BURGS BUSILY

There Is q boom OH in real estate at Flat city these days, and any stranger looking cfosS-eycd at X vacant lot is apt to be shot on the spot. Not having room at the mouth of the creek for the trolley barns and cracker factories i'll pros pect, a small bunch Is reported to have started a stampede to the Forks. where Cullen has been reigning supreme with his road house.
 Doubles. there will be all upper creek settlement, to take care ot the many working men who will be employed On some of the big operations up there, and some ot the wise ones have already cinched the idea
 In Flat city real estate trading has been brisk and some ot the good locations are bringing fancy prices. There is strong feeling of optimism for the towns future and i, will unquestionably be a live one next season.
Iditarod pioneer., 1911-01-22
They Had Him On the Run

Although there is only one man who purports to have seen him, there seems to be little doubt that Hutch" Hutch ison ran stiff race from the Summit roadhouse into town last Tuesday.
 As near as can be ascertained Hutch was not scared but was running on Q wager of sl5 that he could make the distance in 40 minutes. Bet that as it may, he ran like he was scared and kicked two jack rabbits out of the way while doing it.
 He made the course in 37 minutes flat. Some say he took the stage part way. Others guess that he carrie d skees in his pocket till he got out of sight, but anyway he won the bet.
Iditarod pioneer., 1911-01-22

They reported very profitable days work, with $1zo already i'll the potla,ch They had signed 9 pros pective life members $50 each and they had secured B regular members S2 each The list as" showed P w" had promised become life members and 34 who woul' become regulars
 IL decided at this meeting that permanent ganzation be fected Sunday night at meeting 10 be held i'll GodSten and that the Arctic Brotherhood be pared submit the meeting of citizens at AneyS hall Monday night a compl- statement of the proposed organization and finite offer take the building of the hall
 As the s,antS the building of the hall l. assured There money enough in sight to guarantee the building of by 50 feet and it will not only be place dace but it will De easily converted into theatre is o be erected iii thorough and will iouay be credit this and the people i'll
 IL is to be desired that all citizens interested Ill public movements in this city be present at the meeting at An slev's hall Monday night. It is also pre- emlnenlly i'm DOT that all Arctic Brothers and those who would like become Actic Brothers be present at the meeting to be held Golein. Sunday night for is this organization will be Hooked go forward with the work and is this orgauz that will undoubtedly undertake the job
Iditarod pioneer., 1911-01-22
Will Do Some Broking

Believing the time is about right to launch upon an unsuspecting public that certain convenience known as 8 brokerage firm, Bobt Hart of Flat and Sam Adams, recently of Nome, have joined hands across the chasm of fail ing utilities and will be ready for busi- ness in their location on Gold street, Flat immediately.
 They will do 6 general real estate and mining brokerage business, and are making arrangements for plats of towns and creeks, 30 that it will be the easiest thing in the world to go into their office and buy something. If you don't feel like buying, why then sell.
Iditarod pioneer., 1911-01-22
GOULD CHANCE 1T
 FOR SACK OF STUDS

Captain Boerner and J. E. Baker brought over sack of gold from the N. C. Co. post on the Tokatna last week, which weighed something over 100 pounds. They took a good look al the town, changed the gold into GU. yency and were due to hike back today {Saturday).
 Everything is lovely over there, says Captain Boerner, who established the post there last summer with the Str. Lavelle Young. They have plenty of grub to last them through the season, supplying Ophir, Moore and Nixon's Fork, but at the same time he wishes to warn mushers headed through to Seward, not to expect to pick up dog feed there, for they haven't it. Inc cereals they have, but the material for making the grease, they no ketchem.
 Nixon's Fork is showing up well, and Baker estimates that there are forty five men now prospecting on the creek. Excellent rim prospects have been found, but the real worth of the section has not yet been determined.
 They look for healthy activity there next summer and will be easing the Lavells Young out of the ice at the first opportunity to go after some more SnuD1ieS
Iditarod pioneer., 1911-01-22

There has been painful upheaval in this town and satisfactory social hall is assured. It about in the last week and has almost torn the vitaS of the body polite, but will have the ha-or will bust
 This hall is to be large, roomy affair." situated on convenient corner and will cost-nobody knows how much. It is to have floor space sufficient for all the swains and in the Iditarod to swim and swing around, and besides that, it wi. have stage for the performances that to cheer the season. and few for the convenience of those who happen to honor the building with their presence
 It will be the direct result of the first satisfactory manifestation of public spirit that Iditarod city has pro duced and from where sit it will be decided credit to the town
 The need of public hall of adequate size has been felt in the city for months. known last fall, but it took the enterprise of Flat creek residents to bring Idarod to realizing of it's responsibility
 However, the has came and we about to build hall in this town that will have anything skinned west of Mt Ararat.
 The first meeting held Thursday night at Isa Godseins store and large number of people gathered to take part in the discussion, although the business conspicuous for their absence Major Strong,
Iditarod pioneer., 1911-01-22
LO3ks Better to Him Now

Max Simel, the we'll known mer chant ot Diskaket, who has been trading with Innoko prospectors aud natives for years, has been in Iditarod for several days, following trip across the hills by dog team. Max is the man who gave us such a knock last spring, in all inter view with a Nome paper, but he says things look better to him now and that anyway, everybody knows that knock is only a boost. He will return shortly to the scene oI his mercantile endeavors.
Iditarod pioneer., 1911-01-22
Goodwin Party on Their Way

One of the first authentic reports of the progress of Walter Goodwn's road building party, now on the way to Seward, was brought in last week by Captain Boerner, manager of the N. C. Co. post on the Tokatna, who gives short account of the travels of the trail blazers and brings table of dis tances over part of their journey.
 The Goodwin brothers and their party stopped at the N. c. Co. post about throe days, and laid in 8 con- siderable supply of grub for the trip beyond.
 While there s reconnaissance was made down to the mouth of the To- katna, as he thought the trail would proceed to that point on the Kuskok- vim. However, it was found that a cutoff could be affected by striking right out across country toward the mouth of Big river, and therefore the trail will proceed that way.
 There have been a few travellers over tho trail on the way in from Seward, and they report roadhouses all the way except stretch of 70 miles in the Sushitna, on the other side of Rliney pass.
 Nothing has been heard at the N. C.. Co. post about the progress of Eide, the road commission man who is working on the trail from the other end and who will doubtless meet Goodwin near the pass.
 The distance from Iditarod to the mouth of Big river as measured by the cyclometer on one of the seds were furnished by MT. Goodwin to Captain Boerner and are as follows:
 Idltarod to Flat, "A; Flat to Dis covery Otter, 2.4; Otter to Bonanza, 9.6; Bonanza to Julian cutoff, 3.6; Julian cutoff to foot of Summit, l2.5; Foot of Summit to Moore, 9.2; Moore to Stanford's, IFS; Stanford's to Murray & Leggin, 5.8; Murray & Leggin to Wheland's, 1l.9; Wheland's to Tokat- ua, l4; Tokatna to N. c. Co. post, I4. 6; N. c. post to Berry's at mouth of Big riyer, 2l.35. Total, l3o.15 miles.
Iditarod pioneer., 1911-01-22
Moore Creek Assumes Responsibilities

One of the biggest deals the winter has just been whereby all the holdings of part of the original dscoveers of the creek have been taken for considerable
 The deal involves many thousands of feet of tie known pay ground and with that already acquired by Joe Smith in all the ground of Moore creek that supposed be in the money.
 Theodore Witte, operator of the Fairbanks district who bears excellent reputation miner is of the prime in the deal which originated last fall in the negotiations of Charles Kne Eddie McArdle, Walter Hunter and Louis Schjmmefennig for good portion of Moore creek ground Even at that time rim prospects Moore were looking fine and it thought by the few who had examined the creek that it would be among the live ill a shOrt lime
Iditarod pioneer., 1911-01-22

the Folsom and Kells interests.
 Walter Hunter has been busy the deal for many weeks and is through his efforts chiefly that the tran sacon finally off Ire consideration for the present sale be learned by of the fact that the in of transfer recorded here but is under stood many thousands ot dollars with heavy first payment
 As the matter now stands Wte will begin immediate prepa atons for the working of No Assocation while Big Four will investigate the mysteries 0! and S-a The ground i1 shallow and is pen ul and in sequence machinery will not be among the necessities of the creek the Reports have been very op mislc concerning Moore and be hoped with able amount of assurance that good producer will be added tn the pay creeks of Alaska
Iditarod pioneer., 1911-01-22

covery of the creek with Tony Zimmerman and Meyers and they took up practically all the creek the original sak ing.
 The deal takes in all of the claims held by Folsom and Kes, while Joe Smith holds practically all of the iginal stalking of Zimmerman and Meyers.
 The deal completed last fall by Knel and associates took in good looking ground which included I-a and parts of 5, G. and above and included the Good Luck fraction An option agreement drawn up that time and although deal recorded in this paper the sderation could not be learned
 Since that time Mr. Wilte has been Investigating the possibilities of Moore and decied invest here. H. joined forces with the Big Four and they took the No. g Association is called, thus compering the buy of all
Iditarod pioneer., 1911-01-22

good enough to her. Hansen will be back shortly accompanied by his son.
 Jack Connolly, Bob Hart and Al Thorns were over during the past week from Flat, having come in on business connected with the new A. B. hall, and which cost them some money. They had nice poke commemorative of the opening dance.
 Captain and Mrs. Jack Green, pub, Fisher and editor in-chef of the Iditarod flagship, the Str. Pup, came up from Dikeman last week, accompanied by Mrs. Myrick. They wished merely to indulge for brief period in the social whirl of the metropolis.
 Mrs. Wm. Atchison, of Flat city came in last week for brief sojourn in the city as the guest of Mrs. Clit ton.
 A small fire occurre ed at Flat last Monday, when tent and frame struc- ture next to Joe Henry's place on Gold street was placed in the path of des- truction in some unknown way. The confagration was subdued by Chas. Enrich before it had achieved much headway.
 Frank Gleason just came in from Donlan creek where he has been work ing all fall. He says they are we'll satisfied with the showing on Snow gulch, and will stick around awhile. Commissioner Maltby has received the papers and the big seal of the Dis trict court and is now full-hedged deputy clerk. With an assistant dis trict attorney and deputy clerk, we are now practically the goods. Ambrose Van and Wilfred Renaud are having dispute over d dog and have reached the commissioners court. Van is the plaintiff and the case will be tried next Thursday.
 It is understood that George Kinman was circulating around Discovery Otter the other day with & license consent petition, and that they all signed it. Hutch" Hutchinson is in on the play, and the two partners hope to open up 8 roadhouse there in the spring. | Dr. Carter came in Friday evening from Flat creek for short change oi scenery.
Iditarod pioneer., 1911-01-22
When the S|uicing
 Season Will Begin

With the record of but one spring to go on, it can hardly be expected that good guess on the opening of the sluic- ing season this coming spring is poss'- ble, yet it is interesting to know when the water began to run last spring and what fhe conditions were at that time.
 We have it from an old-timer in the camp that the water began to rnn last year between the 1st and 3rd of May.
Iditarod pioneer., 1911-01-22
$50,0Oo Reward

We will pay the above sum to the first airship to reach Iditarod by it's own power from New York. In the meantime patronize our circulating li- brary and keep posted. For books, sta tionery, photo and musical supplies, cigars and tobaccos go to
 LANDAHL'S EMPORIUM.
Iditarod pioneer., 1911-01-22

Following the business session 10 be held at Ansley's hall in this city next Thursday night, Jan. 26th, the Iditarod Masonic club will give an informal dance for Masons only, ard their ladies.