davidaulloa/AmericanStories huggingface dataset:
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-18
MAY OPEN AGENCY HERE
P. c. Lyons Looking for Opening for
Agency for His Gas Traction En-.
gines rs Supply Polnt

Pres. P. J. Lyons of the Gas Trac-
ton Co. Of Minneapolis, spent Monday
in the city on business and calling up
on old Fargo friends.
Mr. Lyons Ii looking over the field
with view OF opening an agency
here or establishing Fargo as dis
tributing point for his celebrated gas
tractors SO as to more readily be able
to supply the large demands from all
over North Dakota for his machines.
Mr.. Lyons left last night for Steele.
where he formerly lived and where
he has large business interests ana
up his return viii stop off to close
arrangements in regard to the local
branch.
The Gas Traction Co., has recently
purchased q large plant at Winnipeg
thereby practically doubling the out
put for the machines which the COM
pany Is now scarcely able to turn out
fast enough To I'll orders.
His many friends over the state viii
be glad to know that Pat Is doing
SO well and that his machines are
meeting with such success and giving
such unqualified satisfaction wherever
they so.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-18
Decisions Of the Supreme Court

In the supreme court, state of North
Dakota October 1910. term.
L. o. Larson and Robert Walker,
respondents, VS.. Albert Hanson and
Julius Frederickson. appellants.
/. In an action of claim and de-
livery, for the purpose of regaining
possession of the property, the de-
PENDANTS, with sureties, executed a re-
delivery undertaking conditioned as
provided by section 1922 r. C.. 1905,
For the delivery OF said property to
the plaintiffs IL such delivery shall be
adjudged and for the payment to them
of such sum as may, for any cause,
be recovered against the defendants in
this action" Plaintiffs recovered mere
~ money Judgment against the de-
PENDANTS. In an action against the
sureties on such undertaking the only
breach of it's conditions alleged in the
complaint being the non payment of
such judgment, held, that the COM
plant fails to state a cause of ac-
ton.
2. The obligation of the sureties
for the payment "of such sum as NAV.
for any cause. be recovered against
the defendants" is not absolute but
conditional merely Their obligation
will be construed in the light OF Sec
ton 7075 r. c., which requires that a.
judgment in plaintiffs favor shall be
in the alternative for the possession
or for the recovery Of the possession,
or the value thereof in case a delivery
cannot be had, and for damages for the
taking and detention thereof"
3. In claim and delivery action q
judgment merely for the value OF the
property and for damages may be
rendered where the testimony discloses
that the property has been destroyed
or lost and cannot be returned, and
where such a judgment has been
rendered and there Is no proof Of the
contrary IL will be presumed as
against the defendant that the prop
erty has been destroyed or lost and
cannot be returned, but such presume
ton cannot be INDUCED ais against the
sureties on the redelivery undertaking.
As against the latter, such exceptional
facts warranting money judgment
action on the undertaking.
(Syllabus by the court.)
Appeal from district court, Stuts-
man county, r. #. Burke, j.
Action against the sureties on re-
delivery undertaking in claim and de-
livery. From an order denying de-
PENDANTS motion for new trial, they
appeal.
John Knauf, for appellant.
J. A. Coffey and S. q. Ellsworth, for
respondents.
Opinion of the court by Fisk, r.. all
concurring. except Morgan. C. r., not
participating. Justice Burke, being
Hon. Chas. Pollock, Judge
of the Third judicial district sat in hts
place by request.
State Of North Dakota. ex rel Annie
People, plaintiff and respondent. We.
Joe Bank. defendant and appellant.
|. When jurors are being drawn
for examination or voir dire in d civil
action, and some called are absent III
il no error to excuse the absenteas and
draw others in their places The trial
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-18
FOR ALONG LIFE

Fresh air and exercise, with proper
food and a sufficient amount Of sleep
are the essentials.
Under such regime Of living, germs
cannot develop and many diseases are
prevented.
Should the system require a tonic,
take only such as you know their in
gredients-such is Vinol, which is a
delicious combination of the health
giving properties of the Gods livers,
with all the useless grease eliminated
and tonic iron added, happily blend
ed in mild, medicinal wine.
For this reason Vin0l is regarded as
one Of the greatest body builders and
invigorators for aged people. II In
vigorates and builds them up and keeps
them up.
We sell Vinol with the understand
ing that IL it does not give satisfaction
the price will be refunded. Fout g.
Porterfield, druggists, 81 Broadway,
Fargo, ". d.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-18

judge is vested with wide discretion in
such matters.
2 The court is not required to de-
Jay tne trial Of cause until the Jurors
VINO nave tailed to respond at the call
VI their names are brought into court.
A Iitlgant is not prejudiced when the
persons present to be sworn as Jurors
are good and lawful men and COM
petent under the rules of the procedure
to be sworn in his case.
8. 1t is proper to sustain objections
TO interrogatories in the case in orday
to ascertain the jurors opinion I'm ad-
vance, even for the purpose OF lavinp
a foundation for peremptory chal-
lenges
4. In bastardy proceedings where
jurors on voir dire state that the com
plant upon which the proceedings are
founded might influence their minds
II introduced In evidence. Il is NO
error to overrule a challenge when tha
juror swears that he can ana win trv
the case upon the evidence nrasantad
and the law as given by the court
9. III oastardy. proceedings where
the question of the premature h3rtb
OF tne chlidren is involved, 1t is not
error 70 ask the mother to state gen
eraliy the length Of the child at the
time OF birth and to use her answers
as OASIS for hypothetical questions
propounded to a physician in order to
elicit his opinion as to whether the
born -
s. Under the facts in this case. held
not error for the court to fail to adj
monish the jury, with reference a.
certain statements made by the coun-
sci FOR the state in his address to the
jury.
4. The defendant, in writing. asked
the court to charge the iurv as fo1.
lows: II charge you that in tha yan-
eral course Of nature and under tha
evidence in this case, the period ~
CESSATION Is from 249 to 255 davs ana
unless you find that the defendant bad
sexual intercourse with the conanla H.
ant within such period, your verdict
must be for the defendant" Held not
error to refuse the request. as the
testimony showed wider period az
CESSATION than that stated in the re-
quest, and the court In its charge
gave instruction on the same matter
.. where party TO the action
deems the charge OF the court not
suniclently explicit, he should present
written requests for instruction
Lands vs.. Fyles. is N. ID. 5s7 followed
3. Evidence examined. and held
sufficient to Justify the verdict.
(Syllabus by the court)
Appeal from the district court Of
Wells county. Burke. j.
the defendant adjudged the father
Of bastard child, and appeals.
Affirmed.
Phipn III. Woodward and e. Il.
Wright, for appellant.
John A. Layne, states attorney and
Lee Combs. for respondent.
Opinion of the court bv Burr. ais
trict judge, all concurring except Nor
gan. G. I, not participating. Justice
Burke being disqualified did not sit
IN the hearing Of the above case, Hon.
a. @. Burr. Judge OF the Ninth judicial
district sitting In his place BY re-
quest.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-18
CORPORATIONS LEARNING.

The wisest Of the managers and re-
lsponsible heads of the great corpora
afons OF the country are those who
recognize there IL no possibility of es-
cape from public regulation of cor
operations and public inquiry into their
management. Among those who have
recognized this the more clearly and
put It to his stockholders most frankly
is Theodore N. Vail. president of the
American Telephone & Telegraph Co.
the parent corporation which con-
trolls the telephone systems of the
whole country.
In his annual report TO the stock
holders OF this company Mr.. Vail says:
Public control or regulation of public
service corporations by permanent
commission has come, and come to
stay"
He then proceeds to point out what
he comedies to be its advantages to the
public as well as to the corporations
He insists, however, that the commits
eions empowered with the duty of reg
ulating the public service corporations
should not attempt to manage" nor
to Operate" them.
re believes that the commissions
should content themselves with the
laying down OF certain general princi-
pies governing returns to stockhold-
ers and rates to subscribers. They
snouId leave the application of those
principles to men trained to carry them
out with the highest degree OF economic
efficiency. with the application Of
these rules he believes there will be
ebetter service at less cost than any
competition Of government owned
monopoly could permanently AFFORD
and at the same time be seIf-sustain-
ing.
without regard to Mr.. Wallis views
on this subject--it may be said that
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-18
Daddy Bedtime.
/. CfOTV The Maspie's Nest


HrTDRENn evening do you kno" "nn -
3 builds d roof her nestT a.aar so,a.
they did not Know 30 uaouy M
lis the be other pTn Wnien 100
wonderful vaTleues
throughout world am gong 20 nests
evening magpe the other BIRDS 90 e
listen to her. NOW Wnen -
stand the wet anu @ air
maybe children sit safe ana dry nue W
roof 49, ,.narr bovv
could talk the maybe Wcn ~
build noticed that all her bird fena w @ onIs
Being good natured sou @
other birds how to build properly ~
inviting them meeting Bros are nsuaAs
all came Mrs Maybe had TO say.
all the pos were
TO you build nests properly -. rh.p.
% on tnT mS MAG
they said - ~. !. mon
in to to rest upon
OF wise enough lot tna@
foundation continued the
what's the Of talking ABOUT ha
There's nothing that
and them form the round Ae q
maybe building nest as she Went
fool knows enough for that WITHOUT
being taught a maggie
mgpie becoming little to think that FOR all
good win the other birds would listen patiently until she nao nne
telling them how to build good nest But she went on;
"Now line the nest and bind it together Well
1.-THE owl said why that's stars in frosty weather 50 the
listen Good day. And she new
away"
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-18
TUESDAY, APRIL 10, 1911.
THE coWAN EXPENSES.

The Cowan case started March 2s.
1T will probably be April % before the
testimony is concluded. The attorneys
may then seek an adjournment of two
or three days to secure time for sum-
ming up the testimony.
Then will come the long talks by
the counsel. The impeachment will
probably not be concluded until the
first week in May.
The expenses UP to adjournment
Saturday night of last week are re-
ported to have been between $4,000
and $4,000. With probably three more
weeks from that date before the con-
!clusion-the expense account is likely
to exceed $4,000 and it may reach
$4,000.
This Is not an immense total for a
big state like North Dakota-but the
added expense, coming at a time when
Governor Burke vetoed appropriations
for farmers institutes and other need
ed things to cut down expenses-win
be burdensome.
If great crime had been committed
prosecution would have been proper
regardless OF cost.
It seems a shame. however, that the
state should have been put to such a
heavy expense to crafty the petty
spite OF few people-and TO secure
political revenge for certain others.
The origin of the prosecution-or
lpersecution-of Judge Cowan has been
in personal enmity and for political
purposes. No high sounding claims of
lofty moral grounds will explain the
sltuation-and the people Of the state
recognize the arrant humbuggery Of
those who insist on such reasons for
prosecuting the case.
In the meantime the taxpayers must
pay the freight.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-18
REAL ESTATE TRANSFERS

The following real estate transfers
were filed In the Office of the register
Of deeds during the past week:
I'll J. Dahler to Adolph Dahler, W. d.
sh of neA of swA 1S-1s7-49; $1,9ss
Louise j. Wichman to e. A. Roesler
w. d., la interest S-13S- 81 ;s6, 400.
Ole N. Olson to Henry E. Olson, W.
d, part sw OF Sc s3-141-52; $3.50.
Kyllo Olianna, ct al to Kari Knud-
son, q. c. d., part ne 1s-140-4s: 81.
Kari Knudson to Carl Hector Knud-
son, q. c. d., Sc 6-140-49: 81.
Kari Knudson to Henry George
Knudson, q. c. d., NV 17-14O-49; 81.
Herman Glasgow to Bernhard Glas-
gov, w. d., s 36-138-51; $4,000.
Herman Glasgow to Gustav Discher,
W. d., n s6-13S-52; $4,000.
Julius Greiger tot Richard Greiger,
W. d., ne 5-141-53; $4,000.
II. F. Chaffee ct al to Katherine
Reed Brown, a. c. d., NV 23-141-51; 81.
Chas. Footer to Mary c. Brown. W..
d., part sw 1S-140-50: $4,000.
Kari Knudsen to Oliana Kyllo, a. @.
d., of NV 1-140-50; 81.
Milton McMillen to Eliza T.. Nc
MILAN, d. c. d., NV 26-140-53: 81.
Armenia & Sharon Land Co. Of Con-
Eecticut to Armenia Ct Sharon Land CO.
of North Dakota, w. d., 27-1S9-53 all
sections 3, z, ., IL and w 5-13s-53
$4,000 acres); $163,51s.
Herman Tostlebe to Carl Co. Pitsch.
W. d., Erskines' SO feet by $50 feet w
SIC corner, block q; $1.750.
Armenia e. Sharon Land Co. to Ger
man Evangelical church, w. d.. part ne
6-I41-49; 81.
Jno. ID. Chenevert to Roy II. Slo-
cum, ". a., district decree NV and w Of
sw 27-141-4s: ST..
Chaffee- Miller Land Co. to Armenia
a. Sharon Land Co, w. d.. 1859 acres
In Cass county; $S9,0s6.
II. y. Chaffee TO A. & S. Land Co.
W. d., l03S acres Cass county; ST., GOT
Robert B. Reed to Al. & S. Land Co.
VI. d., sw 34-143-52; s7,76O.
Robert B. Reed to A. & S. Land Co.
W. d, NV s4-143-52; $1,000.
w. w. Brown to A. e. S. Land Co
w d., NV S2-142-52 NV; also ne 12-
141-53, n 6-141-52 (7ss acres); sss24o
n. F. Ry. Co. to Nelson's Bank =
c. d., sw 11-141-54; $40.
Jacob Lowell, jr., to Peter Stewart
q. G. d., ne Of NV 12-14O-4s; 81.
G. G. Pitsch to Eliza b. Matters. "
d., Erskine's add, so 1T by W 100 n
sc corner, block q; $2,46O.
Henry Amerland to Emily AhIberr.
". d., lot IL. block IL, Chandle,ss
Broadway add; $500
Emily Ahlberg and Alvin M. to Jas
A. Chesley. W. d., lot IL, block II.
Chambers Broadway add; 500.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-18


During the meeting of the State Law
Enforcement league which was held
here recently the question OF prohibit
tion was of course the main issue.
One good brother from Williston was
an ardent member of the prohibition
party and thought that every one else
should be.
He stopped r. NJ. Pollock and talked
with the Fargo attorney regarding the
cause of the prohibitionists when they
were interrupted by one of the Cas-
selton delegates. The discussion con-
tinued alonge the same line.
my good brother from Casselton.
do you vote as you pray?" asked the
Williston clergyman
ooh, certainly" said the man from
Casselton, about once year."
Caspar Johnson was talking to a
friend OF his about the beauties of his
new car. OF course the friend was
admiring the car as was Mr.. johnson.
How do you get along with such a
big car Mr.. Johnson?'' asked the
friend.
'All right, guess" replied Mr.. John
son. 'but would feel lot more COM
Portable IL the streets were not SO fus
or careless and inexperienced Pc
destrians'
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-18
FARMERS AND ROADS.

No class Of people are so interested
in good roads as the farmers. The in
terest should increase in inverse ratio
with the farmers distance from mar
ket. The cost of Transporting grain to
market-of making trips to town for
purchases-of reaching schools and
church-all figure in the subject.
over bad roads the cost of transpor-
tation is rs cents a mile-while on an
improved road the cost is cents a
mile or less. II this money had to be
paid out visibly there would be a rush
for road betterment. But the leak is
not fully realized.
Bad roads keep down the value of
neighboring property. They delay and
often interrupt travel. Loads must be
lessened in proportion to the steepest
grades and worst mudholes. Social in
tercourse is hampered and school facil-
fties impaired Wear and tear upon
animals. vehicles and harness is in
creased. Time is constantly lost to
those who have little of It to spare
from their labors on the soil. All these
items have money value. But as the
account is not itemized and handed
dn for stated settlement-it is lost to
sight In the shape that would be most
Impressive.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-18
WASH THAT lTcH AWAY

i Is said there are certain springs
u Europe that give relief and cure l.
Eczema and other skin diseases Il
you knew that by washing III thAsa
waters YOU could be relieved from that
aWIui Itch, wouldn't you make every
EFFORT to take trip to Europe at once
Would you not be willing to snend
your last cent to and the cure?
But YOU need not leave home for
these distant springs Relief il r,gbt
here IN Your own home town.
simple wash of Oil OF w,n+a.
green, Thymol and other ingredients !
compounded only IN ID. ID. ID. Prescrin-
ton VIII bring instant relief ii tbat
terrible burning itch. and leave ths
skin az smooth and healthy as that 81
a child. f''s -
Best possible wash for pimples ana
all skin impurities.
Is YOU have not already tried il. get
at least % cent bottle today. We
assure you OF instant relief
Fout q Porterfield. ST Brondwav
Fargo, ". ID. ~ y I
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-18
North Dakota Kernels

Flax seed Is fax seed--this year.
The Portland Republican is improy.
ing 81.
The Mohall Tribune issued an Easter
edition.
A baseball team has been organized
at Cogswell.
Assessors do not enthuse over the
Many improvements have been
made at Darlington.
The N. p. is to construct enlarged
terminals at Mandan.
Several towns OF the state are after
educational institutions.
600
Another baseball league has been
organized-and Mandan is in 1t.
900
Leeds had fire alarm in tailor
shop-but little damage was done.
The school teachers have been
eleoted-some OF them two or three
times.
Plans are being prepared for a new
ward building for the state hospital
for the insane.
G. w. Hanson has well at Caring
ton which shows capacity OF 100
gallons per minute.
Two Wi11fafpa v1aar, 4FnS e.
men. and Q. A. Houge won in the
gamble for the place.
At Monango a hired man fell back
wards off load Of hay and was par
alyzed for several days.
q. s. Marshal Shea has been super
intending spring work on one of his
farms in Cavalier county.
Three Stark county farmers were
arrested on a charge Of stealing grain
doors. They pleaded guilty.
Inc reading room at the new library
at Williston is open, but books cannot
yet be taken from the library. Il
900
The Devils Lake Inter- Ocean ap-
pears to be losing it's grip--since II
sees defeat for the anti Cowanites.
900
The Minot Independent doesn't think
much of a game law that will protect
skunks and gasoline burning autoists.
900
VIM. Martin died suddenly Of acute
alcoholism at Wifliston. He had gone
20 bed with all his clothes on and never
woke up.
Will King John of Mclean county
attend the coronation Of King George
while in Europe-or will he LET George
10 it-alone?
The farmers found how friendly
Governor Burke was to their interests |
when he vetoed the farmers institute
appropriation.
The weekly press is doing some great
boosting and booming these days. |
There are few pessimists among that |
punch or the hustling editors.
90
IL is claimed that eagles live to he |
100 years old. Some of the old roost
Frs served at hotels for spring chick |
Ems" must have been about 81.
900
1t is said that the constitutfonalitv |
u the state hail insurance law NAV |
De attacked because some attorney
claims 1t is not according to Hoyle-
IT Biaekstone-or some old fellow. !
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-18

Easter vacations have gone bump.
Edseley y getting to be a railroad
900
/ There are quite 8 number OF news.
papers for sale.
improvements have been made in
the theatre at Minot
seed grain was distributed to farm
srs n Burleish county
Northwood people are preparing for
9 big celebration July 4.
The world likes q fighter-and Cow
an Is certainly some scrappy.
Bismarck once had q paid fire de-
partment-aWay back In the SOS.
go
With good crops this year there will
be 9 lot Of railroad building In North
Dakota.
The people. along the McHenry
branch Of the n. F. are to have bet
ter service.
With good crop this year watch
the railroads grow in North Dakota
next summer.
The Forman News soesn,t sec the
necessity Of bolstering up Burke'a at
tack on Cowan.
North Dakota IS now to have two
representatives at the army maneu-
vers in Texas.
The editor of The Commercial at
Darcy should be the secretary OF the
commercial club.
sam Clark Of The Minot Reporter
went to Bismarck to see the wheels go
round in the Cowan case.
900
The weather man has certainly been
doing his share to contribute to the iov
and prosperity of North Dakotans.
900
Easter comes but once a year-and
some of the heads of families who haya
to pay for those large hats-are not
sorry.
The temporary dam placed in the
river at Grand Forks last fall to con-
serve the water supply has been
dynamited.
900
Charles Dickinson of Harvey whose
leg was mangled in binder two years
ago, recently had to undergo an
Why don't the Devils Lake editors
interview that Fort Totten Indian and
find out what kind OF crops North
Dakota is going to have this year?
900
The Bismarck Tribune wonders if a |
couple of morning papers will give the
defense as much space as they devoted
to the prosecution in the Cowan case.
900
Some time ago The Kenmare Jour |
nal made plea for higher qualifca- |
lions for legal newspapers. The edi-
tor of The Calvin Times vehemently |
protests. Naturally!
90
Nothing short of blood will ever |
wipe out the insult heaped on Editor
Burgster OF The Jimtown CAPITAL |
Editor Bratton of The Rugby Optirnist |
to him as Editor Bung- |
starter.
The Mott Pioneer Press was sore be- |
cause Governor Burke vetoed the
farmers institute appropriation and an |
proved $4,000 for the Mandan fair
Editor Irysh's comment aroused the
EDITOR OF The Mandan News.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-18

the report shows the progressive spirit
Of the times. 1t also demonstrates a
recognition and full acceptance Of the
right Of the public to regulate the OPP
erations OF all quasi-public corpora
tions-operating under franchises Civ
en- by the people.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-18

We advertise Eekman's Alternative II
tell those who have lnn9 disease whnt has
been done by its use
1907, had ave hernorrhauea fTorn ire gfghf
lung. MY hemorrhages kept up for one
week. had twenty eight In An. Septic
pneumonia developed. My doctor told me
my lett lung had also become afgecfed
started to take Eckman's the iaat az
august, 1907, and improved steadily. Since
my recovery about a year ago, / was ac-
eepted for life insurance. after two ex-
aminations by COMPANY that had nre.
viously rejected me-
(Slgned Afidavitl CHAS. MORGAN.
1913 W. Dauphin St, PhiIa., Pa.
RULER details of above case on request
Eekman's Alternative is for Bronchitis
asthma, Hay Fever; Throat and Lung
AFFECTIONS. For sale by Meredith Drug
To-, and other leading druggists Ask for
booklet Of cured cases and write III Eck.
man Laboratory, Philadelphia, Pa, for
additional evidence