davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-07-29
Sinnott for respondent Burnett, j.
Demurrer sustained

Sinnott for respondent. Burnett, j.
Demurrer sustained.
By the initiative process at the
general election in November, 1910,
the constitution of this state was so
amended that the supreme court may
in its own discretion take original
jurisdiction in mandamus proceed
ings. Under the sanction of this
amendment and proceeding accord
ing the the direction of Sec. GA, L..
o. L., the chief justice of this court,
upon the petition of the Oregon
Railway and Navigation company is
sued an alternative writ of manda-
mus, directed to the circuit court of
the state of Oregon for the county of
Wasco and to Hon, w. L. Bradshaw,
its presiding judge, the recitals of
which are as follows:
Whereas, it has been made sufi-
ciently to appear to our said court
by the affidavit of the petitioner
herein, the Oregon Railroad and Nav
lgation company, that heretofore
there was begun in the said circuit
court of the state of Oregon for the
county of Wasco an action by the
said petitioner against |. H. Taffe and
NJ E. Taffe, his wife, and the Cello
Improvement company, for the con-
demnation Of certain lands then and
now lying in the county of Wasco
state of Oregon, and that in said ac-
ton such proceedings have been had
as that heretofore, and on the 25th
day of June, 1910, a verdict was re-
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-07-29

property or other disQualifying act Of
the mortgagor This element per-
yades all the cases cited and puts the
mortgage in the role of an innocent
party.
In this case, however, the inno-
cenCe is on the other side. 1t is con-
Ceded tlGt the defendant never re-
ceived the premium for the policy in
question and, Furthermore, had no
notice whatever of the transaction
between the mortgagor and mortga-
gee until after the building had been
destroyed by fire, 1t is granted by
the appellant that the policy was alb
solutely void as to Rowland for the
reason that without the knowledge
and ratification of his principal, the
agent cannot bind the principal in a
transaction carried on in the agents
own interest: Arispe Mercantile
Company V. Capital lsurance Com
pany, 8 l.. R, A. (ns.) 1884. The
basic reason of this principle is that
no man can serve two masters. An
agent cannot act in his own interest
and at the same time in the adverse
interest of his principal without the
affirmative knowledge and approval
of the principal. 1t is cOntended
that inasmuch as Rowland was the
local agent of the defendant it was
bound by his acts within the scope
of his real or apparent authority; but
it is equally true that if one dealing
with an agent assuming to act for
his principal and at the time knows
the limitations OF the agents author
ity, the former takes nothing by any
act of the agent in excess of that
authority. Here, the plaintiff knew
that Rowland was the owner of the
property to be insured and also knew
that he was undertaking to act as
the agent Of the company in his own
interest as against that of the COM
pany in the transaction. She knew
that Rowland was providing a Sc
curity for the possible payment of
his debt out of the funds of the COM
pany. Aware of all these things, she
dealt with him at her peril and if
she would recover from the company
she must bring home to the latter
knowledge of the whole transaction
before any liability arose upon the
policy and further show that it ap-
proved or ratified the same. having
such knowledge The law imputes to
her knowledge of the legal effect of
the agents operating in his own in
terest and adversely to the principal
whom he claimed to represent The
conclusion of the whole matter is
that the contract embodied in the
standard mortgage clause attached
to the policy was not executed as to
the defendant because the person as
suming to act for and bind the de-
fendant had no authority to so act
and plaintiff knew he had no such
authority Her rights cannot rise
above their source which. as we have
seen. is the void act OF the mortga-
gor, Rowland The contract thus
executed furnishes her no cause of
action
The Judgment is affirmed.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-07-29

turned in the said cause assessing
damages for the taking of the said
lands at the sum of 100000; and
Whereas, it has been sufficiently
made to appear to our said court
that no judgment has been entered
in the said cause, and that on the
18th day of September, 1910, and
upon demand thereto by the plaintiff
in the said action, the Oregon Rail-
road and Navigation company, you
the said circuit court of the state of
Oregon for the county of Wasco re-
fused to enter Judgment in the said
cause; and it now being made sufi-
ciently to appear that no Judgment
Will be entered in the said cause ex-
cept by the command of our said
court; and,
Whereas, it is sufficiently made to
appear by the said affidavit of the
petitioner that the petitioner desires
to appeal from the judgment to be
pronounced in the said cause"
The command of the writ was that
upon service of the same upon the
court, it cause to be entered a judg-
ment in the action therein described,
or show cause why the same had
not been done. The return to the
VIII ' Is in the following language
That the said court was not author
lied to enter the Judgment asked for
OF any Judgment Of said court, save
ana except the order which was en-
Continued on Page 81
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-07-29

the testimony Of the plaintiff and his
foreman, and the tickets, and check
ing the latter by the estimates Of the
different experts, we are of the opin-
ion that O3,3O0 bricks were deliy-
cred to defendants and used in the
building, such being the number
claimed to have been delivered by
plaintiff, after deducting the 10000
estimated as unused.
In accordance with our under
standing the litigants stipulated that,
taking the proceedings and records
into consideration, the court should
fix a reasonable amount as attorneys
fees, without the introduction Of evil
dence in regard thereto. There be-
ing s4,S1411 involved, Of which 1926
is disputed, and no tender Of the
amount due having been made, the
lien for the whole amount being
contested by defendants, we think
$3.50, the amount allowed by the trial
court, reasonable.
1t follows that the decree OF the
lower court must in all things be af-
frmed, and it is so ordered.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-07-29

the carpenter. timer plumber and
painter-inish their contracts, and
the building is completed (Which is
often a question Of dispute), and
thereby limit his time for such filing
to 30 days thereafter, would in our
opinion nullify a part Of the proYl-
sions Of the statute.
AS to the amount in controversy,
the, evidence relative thereto does
not appear TO be in conflict, except
as to the manner or arriving at the
number Of bricks furnished. The
plaintiff and his foreman testify that
the brick was loaded in the yard and
started for the car barns under the
supervision Of the foreman, who kept
a record thereof in the form of small
s'O books of about 100 tickets, OF
which there we're an original, dupli-
cate and triplicate. When a load was
sent out one of these tickets was
filled with the number of bricks for
warded, nearly every load containing
1850 bricks The duplicate and trip
licate were then given to the team
ster, one to be left at the place of
delivery, and the other signed by the
person to whom the bricks were de-
liYered and then returned to plain
tiff, who from the stub of his ticket
book each day copied on tally sheets,
from which he made up his account
Of $4,000 delivered bricks. After
the completion Of the brick-work the
plaintiff and defendants agreed to,
and did, lump off, the brick remain
ing unused, estimating the number at
10000. II 1t was understood or ex-
pected by either Of the parties that
the brick would be estimated from
the number in the walls of the build
ing after its completion, there would
have been no necessity for lump
ing off" or estimating such unused
brick. When a wagon was filled, 1t
appears the number bricks therein
could be easily estimated About
two-thirds of the tickets we're signed
by the defendants or their foreman,
and returned to plaintiff The re-
ceipts for 81 loads, hauled before de-
PENDANTS began construction, were
unsigned for the reason that when
delivery was made there was no one
there to sign them. The plaintiff
and his foreman testify that the
record of those loads were kept in
the same manner as that'o of the 9TH
ers.
For the purpose of ascertaining the
number of cubic feet therein, two
competent engineers measured the
walls of the building, Mr.. A. Rich
mond computing the number as 34,-
1855, and Mr.. d. w Taylor as 33,444
feet; the number of brick to each
cubic foot being yariously estimated
at from rs to 81. The discrepancy
in their measurements created diff
ference Of about 5000 bricks, taking
an average estimate per cubic foot
Then there Is the usual waste to be
considered, making it evident that
any estimate Is inaccurate, and, I'M
less agreed to by the parties them
selves, or rendered absolutely neces-
sary, such a method should not be
adopted, except in connection with
the other evidence. From a consid-
GRAFTON Of all the evidence, taking
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-07-29
The State, eX rel, o. r. & y, Co., V.
Bradshaw, WaSco County,

The State. ey rel, The Oregon
Railroad and Navigation Companv
petitioner, V. W. L. Bradshaw. Judge
OF the circuit court of the state of
oregon for WaSco county, respond
ent Mandamus. Demurrer to re-
turn argued and submitted July Z
1911. w W. Cotton and Snow g Nc
Camant for petitioner. Bennett &
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-07-29

Continued on Page 81
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-08-24
SYNOPSIS
CIV DILLiNChAft cOf1PANY

Howard Jeffries, bankers SON, under
the evil influence of Robert Underwood.
ieliow-student at Yale, leads a life of dis
sipation, marries the daughter of a gam
bier who died in prison. and is disowned
by his father. He is out of work and in
desperate straits. Underwood, who had
once been engaged to Howards step
mother, Alicia. is apparently in prosper.
Gus circumstances. Taking advantage OF
his intimacy with Alicia. he becomes a
sort OF social highwayman: Dscovering
house. He, sends her a note threatening
suicide. Art dealers for whom he acted
as commissioners, demand an accounting.
He cannot make good. Howard calls at
ticn to REQUEST loan Of $1,000 to enable
him to take up business proposition.
Howard drinks himself into maudlin
\ caller is announced and Underwood
draws screen around the drunken
sleeper. A.!cia. enters. She demands a
take his life. He refuses unless she Will
and takes her leave. Underwood kills
himself. The report Of the pistol AVA
Capt. Clinton. notorious for his brutal
treatment Of prisoners, puts Howard
an alleged confession from MT the s''a.r harassed ed
man. Annie. Howards wife, declares her
belief in her husbands innocence. and
calls on Jeffries. Sr He refuses to help
unless she will consent to Il divorce. To
save Howard she consents, but when she
finds that the elder Jeffries does not i'm
tend to stand by his son, except linan-
cially, she scorns his help. Annie appeals
Sr.. to take Howard's case. He declines.
1t is reported that Annie is going on the
stage The banker and his wife call on
Judge Brewster to find some way to pre-
vent it. Annie again pleads with Brew
ster to defend Howard.
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-08-24
LAWYER CURED OF ECZEMA

While attending school at Lebanon,
boiis. which lasted for about two
years. when the atiiction assumed the
form of an eczema on my face the
lower part of my face being intlamed
most of the time. There would be
Water-blisters rise up ana open, and
wherever the water would touch 1t
would burn, and cause another one to
rise. After the blister would open,
the place would scah over. and would
burn and itch SO as to be almost un-
bcarable at times. In this way the
sores would spread from one place to
another, back and forth over the
whole of my upper lip and chin, and
at times the whole lower part of my
face would be solid sore. This con-
dition continued for four or five years,
without getting any better, and in fact
got worse all the time. so much so
that my wife became alarmed lest it
prove fatal.
During all this time of boils and
eczema, l doctored with the best ply
to no avail. Finally decided to try
Cnticura Remedies which | did, TAX
Ing the Cuticura Resolvent, applying
the Cuticura Ointment to the sores,
and using the Cuticura Soap for wash
ing In a very short time l began to
notice Improvement. and continued to
use the Cuticura Remedies until was
we'll again, and have not mad IL fe-
Gurrence of the trouble since, which is
over twenty years. / have recon-
mended Cuticura Remedies to others
ever since, and have great faith in
them as remedies for skin diseases"
tSigned) A. c. Brandon, Attorney-at-
Law, Greenville, O.. Jan. II, 1911.
Although Cuticura Soap and Oint-
ment are sold everywhere, a sample
of each, with 32-page book. will be
mailed free on application to "Cuti.
cura.' Dept. 3 X, Boston.
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-08-24
LAUGHTER PLEASING TO GOD
Nowhere in Biblical Lore Can There
Be Found intimation of Any
Other Idea.

We misiudge and distort the nor
mally human nature of the Savious
when we picture him going through
)ifo, as Dante did after he had writ
ten his Inferno, with the shadow
of pcrdition on his brow. We may
gravely question when it was that the
cross began 20 darken our Lords
pathway; there is no hint of such
forehoding until we reach the mid
die of his ministry From that on
thore are occasional tokens that he
saw Calvary ahead of him, and was
nt times pressed down with dread
fui sense of The inevitable agony
which awaited him AT the end. But
al this Is very far from aifording any
reasonable ground for the conclusion
that he smiled sometimes, but never
laHphed
II God did not intend us to laugh,
ON occasion why did he endow us
with the capacity to laugh, with a
sense of the humorous, with the fac
ulty to see and enjoy wit, fun and
the absurd side of life: aud, further
more. Why did he produce so many
things and people TO laugh att
/ions Herald
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-08-24
The Bridearoom's Portion.

Miss Elsie Gentsch. whoi teaches
Sunday school, had been reading to
her class from the gospel of Matthew,
and was examining a promising boy.
q newcomer. anent the subject matter.
There were ten virgins" said the
yonng man. 1--WE wise ones and five
foolish ones, and the five wise ones
filed their lamps and the five foolish
ones wasn't in no hurry. And at
midnight came the bridegroom. So
the five foolish ones went across the
street to by oil and got locked out. .
Very good" said the teacher.
"And what did tire bridegroom do?"
Why" said the good little student,
'hc lnarried tho five wise ones"-
ClevelanH Leader.
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-08-24
CHAPTER XVI.

Now, my dear young woman, said
Judge Brewster, when the astonished
head clerk had withdrawn, 'lf we are
going to get your husband free we
must get to work, and you must help
me-"
His visitor looked up eagerly.
III do anything in my power" she
said quickly. What can do?"
"Well-first of ALL said the lawyer
with some hesitation, Il want you
to see certain lady and to be ex-
ceedingly nice to her"
Lady, echoed Annie, surprised.
What lady?"
Mrs. Howard Jeffries, Sr., he re-
piled slowly.
"Howard's stepmother!" she ejacu-
lated
clerk entered and handed his en-
ployer card. The lawyer nodded
and said in an undertone:
Show her in." Turning round
again. he went on: "Yes--Howard's S
stepmother. She's out there now. She
wants to see you. She wishes to be
of service to you. Now. you must
conciliate her. She may be OF great
use to U.S."
Annie's face expressed considerable
doubt.
Perhaps so" she said, but the
door was slammed in my face when l
called to see her."
That's nothing" answered the
judge. she probably knows nothing
about it. In any case, please remem-
Der that she is my client"
She bowed her head and murmured
obedientiy:
IN remember"
The door OF the Office opened and
Alicia entered. She stopped short on
seeing who was there. and an awk
ward pause followed. Judge Brewster
introduced them.
"Mrs. Jeffries, may present Mrs
Howard. Jr.?"
| Alicia bowed stifl and somewha,
| haughtily. Annie remained self-pos
1 sessed and on the defensive. Address
ing the bankers wife, the lawyer said:
II told Mrs. Howard that yor
wished to speak to her" After pause
he added: Il think. perhaps, iii leave
you together. Excuse me-"
He left the office and there was an
other embarrassing silence. Annie
waited for Mrs. Jeffries to begin. Hel
attitude suggested that she expected
something unpleasant and was full,
prepared for it. At last Alicia brok.
the silence:
1 You may think It strange that
have asked for this interview" sh,
7; began, 81: ycu know, Annie" In
terrupting herself, she asked: "Yo,
don't mind my calling you Annie, d,
Il youy"
The young woman smiled.
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-08-24
CHAPTER xv.-continued.

You're not afraid to help him"
she said. Il know that--you just
said So"
Judge Brewster raised his fist and
brought 1t down on the desk with q
bang which raised in cloud the ac-
cumulated dust of weeks His face
set and determined, he said
You're quite right! I'm going to
lake your easel"
Annie felt herself giving way. 1t
was more than she could stand. For
victory to be hers when only mo-
ment before defeat seemed certain
was too much for her nerves. All she
could gasp was:
"Oh, judge!"
The lawyer adjusted his eyeglasses.
blew his nose with suspicious energy.
and took up pen.
Now don't pretend to be surprised
you knew l would. And please don't t
thank me. / hate to be thanked for
doing what want to do. If didn't
want to do 1t. wouldn't"
Through her tears she murmured:
I'D like to say thank you"
Well. please don't" he snapped.
But che persisted. Tenderly. she
said:
May say you're the dearest. kind
est
Judge Brewster shook his head.
"No--no-nothing of the kind"
Most gracious - noble-hearted =
courngeols. she went on.
The Judge struck the table another
formidable blow
Mrs. Jeffries!" he exclaimed.
She turned away ner head to hid.
hea: feelings.
''Oh. how I'D like 10 have q goo;
cry," she murmured. III Howard
only knew!s
Judge Brewster touched an electri,
atm. apd sss asd clerk entered.
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-08-24
,%CT1ARLTS KLEIN

MIR. Jones" said the lawyer quick
ly. get stenographic report OF the
case of the People against Howard
Jetfries, Jr.; get the coroners inquest.
the grand jury indictment, and get q
copy of the Jeffries confession get
everything-right away
/ The clerk looked inquiringly, first
at Annie and then at his employer.
Then respectfully he asked:
do we, sir?'
I'VE do" said the lawyer laconic-
ally.
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-08-24
A Human cruet-stand.

Several villagers were discussing a
departed sister who had been given to
good deeds but was rather too fond
of dispensing sharp spoken advice
She was an excellent woman" said
the deceased lady's pastor. "She was
constantly in the homes of the poor
and afflicted. In fact she was the salt
of the earth"
She was more than that" remark.
ed villager. she was the vinegar,
tha pepper and the mustard as we'll.
She was a perfect cruet stand of Vir.
tues. s."-LOndon Tit-Bits.
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-08-24
Little Pitcher.

Lady Visitor-I am coming to your
snsm:na's company tomorrow, Tom
my.
Tommy-Well. you won't get good
supper.
Tommy's Papa = Tommy. what do
you mean, talking like that?
Tommy-Well, you know. pa, you
told ma you'd have to get some
chicken feed for her old hen party
tomorrow.
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-08-24

Pain, my nerves are stronger and can
10 my own Work. Lydia E.'Pink1ian's
Vegetable Compound cured nle after
everything else had failed, and I rec
ommend it to other suffering women.'
-MRs. WIN. SEALS Cos w. Howard ST.,
Creston, Iowa.
Thousands of unsolicited and genu-
inc testimonials like the above prove
the efficiency of Lydia Z. Pinkham's
Vegetable Compound, which is made
exclusively from roots and herbs.
Women who suffer from those dis
tressing ills should not lose sight of
these facts or doubt the ability of Lydia
E. Pinkham's Vegetable Compound to
restore their health.
If you want special advice write
80 NIrs. Pinkham, at Lynn, Mass.
She will treat your letter as
strictly confidential. For 90 years
she has been helping sick women
in this way, free OF charge. Don't
hesitate-Trite at once.
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-08-24
An Execution.

R!nks-"Here is somebody who says
that no woman Is a sufIragist unless
she has crouch on some man." Sinks
That's queer. My wife isn't q suf.
frayist."
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-08-24
Advice,

Now that you've heard my daugh-
ter sing. what would you advise me
to do?"
WELL" the music master replied,
) II hardly know. Don't you suppose
you could Bet her interested In settle.
ment work OF horseback riding or
something like that?"
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-08-24

! zl1ra. Rtns3c1sa ecotAing Syrup for cn..arrr
1eolAlhG. oofseus the guUs, reduces innAmma
80, allAyo pain. cuSoa Wind culic. 3sc Q bot,la
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-08-24
Character tn the Eye.

Beware OF the man VINO does not
look you clearly in the eye. He has
possibilities of evil in his nature.
There are eyes which are luminous,
others which seem TO be yelled be-
hind curtain
Men and women of the world are
accustomed to Judge human nature by
the expression of the eye. Many peo-
pie read character by the eyes, and
can thus distinguish the false from
the loyal, the frank from the deceitful,
the hard from tine tender. the energet-
ic from tue indolent, the sympathetic
from the Indifferent
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-08-24

in my side, sick
headaches and Mer-
vousness. l had ta-
ken SO many medi-
cines that / W a s
discouraged a n d
thought 1 would
never get we'll. A
friend told me of
Lydia e. Pinkham's
Vegetable Com
pound and it re-
stored me to health.
houn ro v,,Nro
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-08-24

- crowd is not company. and faces
are but gallery Of pictures. and talk
n tlnkllng cymbal. where there Is no
lUve.Hacon.
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-08-24

Mrs. .Iinks-My husband is maxim
a collection of stems.
Mrs. Booze A. Lott-My husband /.
making collection of the contents Of
stems.
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-08-24

4 man may liko girl all the more
bocanBs she seems to like him less
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-08-24
Mo Wander.

Whats your husband so angry
about
He's been out of work six weeks"
Il should think that would suit him
first rate
That's it, He's just got job"
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-08-24
INFLAll=
NATION
AND PAIN
Cured by Lydia E. Pinkliam's
Vegetable Compound.

Creston, Iowa.-"I / was troubled for
q long time with Inflammation. pains
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-08-24

"Now, my dear young woman" said
Judge Brewster, when the astonished
head clerk had withdrawn, 'if we are
going to get your husband free we
must get to work, and you must help