davidaulloa/AmericanStories huggingface dataset:
The Marshall republican., 1911-08-24
Too Swift for
Saline County
Is Cause of One Death and
Many Scares

Tearing across Saline county at
a speed of about 40 miles an hour
is bound to bring results. Last
Tuesday and again Wednesday fif-
teen autos crossed this county in
an endurance test. One OF the
men In charge OF a car told the
editor that they made an average
OF SO miles an hour from Kansas
City.
The autos represented the dif-
ferent manufacturers in a test to
see which could show the great
est endurance with the least break
downs and delays. They started
from st. Louis and went to Kansas
City and back. On their return
Wednesday one of the machines,
a Doris, in charge of James Baker
of st. Louis, scared a team at Mt.
Leonard driven by Tom Martin
whose team In turn scared Harvey
Horizons. Mr.. Horton was thrown
out and run over by his own
wagon and as a result OF his in
juries he died Friday at 4 a. m.
James Baker the man In charge
OF the auto, was arrested here on
the day OF the accident, but could
not be held responsible and was
discharged. There will be no eh,rge
put against him.
W. II. Pemberton, o. south OF
Slater had young mule killed by
an auto Wednesday, but the auto
did not belong to the racing crew
as 1, was going In tn, opposite
direction. II was occupied by a
man and boy. The sheriff watched
for them but they did not pas,
through Marshall.
The obituary of Harvey Horton
arrived too late for this weeks
paper.
The Marshall republican., 1911-08-24
! Hold Up Train Crew

Marshall Higginbotham OF Black
water, received a telegram Mon
day night from a special freight
train, on its way from jefferson
City to Kansas city, that a gang
OF tramps had held up the train
crew and ro bed them and that the
tramps were still o, board the
train and for him to meet 1t at
Blackwater and arrest th,n. Mr..
Higginbotham deputised three
other men and they met thu train
at 2 o'clock Monday night and "a
rested ten tramps. They were tak
en- to Boonville Tuesday and lod
ged In the county jail.-Nelson Rec
ord.
The Marshall republican., 1911-08-24
Highway Boosters Here

Marshall was taken by surprise
yesterday morning when ten au-
tos from Boonville, six from Arrow
Rock and others from the west
came In to boost the Central route.
The Boonville people came in
the interest OF their route OF
course, having been left out by
the highway commission which
gave the road to Glasgow with the
understanding though that II Glas-
gov does not live up to her pled-
ges, the route will be changed to
cross the river mt Boonville. The
delegation from there included the
county judges and most OF the
county officers, the city officers
and Others, as follows:
Col. John Elliott
Speed Stephens
Judge A. NJ. Hall
Judge Andrew DOWN
Judge B. L. Moore.
w. @. Pendleton
Judge VIM. Williams
Chasr @. Miller, city clerk
Z. @. Hale, county surveyor
Chas. Meierhoffer
julius, Charles, Henry Alex, Will
liam and Fred Sombart
F. 8. Sauter
Col. Hager
w. r. and Newton Johnson
p. L. Debo
John Z. Walk
Sam Bassett
Chas. Rider
w. L. Mcpherson
A. A. Wallace
A. II. Sauter
c. c. Bell, Chas. Bell, Jr., and
Miss Clara Bell
Judge ]. H. zollinger
chas. Durr
Judge ]. Z. Thro and Others
Capt. s. w. Ravenel. Old Franklin
The Arrow Rock delegation con-
sisted OF
T. B. and F. b. Morris
The Marshall republican., 1911-08-24
Among the Sick

Noble Lisetor has been very sick
with typhoid fever the past two
weeks.
DIR. Bert Powers, son-in-law Of
DIR. and Mrs. Ed. Sharp, was oper-
ated on for appendicitis at Joplin
last Thursday.
Mrs. Thos. Boatright has been
on the sick, list the past week.
Mrs. A. r. James Is recovering
from a serious illness.
The Marshall republican., 1911-08-24
Chicken and Barbwire

c. b. Ahlf, OF the Colony, return
ed Sunday from visit to his
brother, John, at Sweet Springs
somewhat disabled. He said that
he went to catch the train in a
hurry and run into a low barbwire
which he din't see and had his
trousers badly torn as well as
one shin. He said his brother gave
big birthday dinner in his honor
Sunday which was made kind
OF family reunion and they had q
great time. This probably ac-
counts for his not having seen
the wire
The Marshall republican., 1911-08-24

Remaining in the Marshall, Mo.
postoffice, August 2srd, 1911. II
not called for In Is days win be
sent TO the dead letter office at
Washington, D. c.
Misses Mary r. Ellis, Bertie Jack
son.
Mesdsmea Harriet jackson, Al
King, Lucy Moore. <.
M. c. y, Bramwell, n. ". Gwinn
Ditsler Hendrix. Joe OLouglin y
NarshalI. VIZ;
~ 81. Il Nv. NANDx1eA IL M
The Marshall republican., 1911-08-24
Had Serious Fall

Harry Tillery, freight conduct
or OF Slater, met with bad acci-
dent at Booth Sunday evening. He
fell between two cars and was bad
~ bru.led by falling on the bum
peis. He was brought home Mon
day morning and is doing nicely.
The Marshall republican., 1911-08-24
Gard of Thanks

We wish to extend our heart
felt thank to our friends and doc
tor who so kindly assisted US In
the ILLNESS and death OF our be-
loved daughter and sister.
Mr.. and Mrs. G. w. Adkins
and family.
The Marshall republican., 1911-08-24
Saline County Fair

We viii, give a complete report
next week o! race an1 premium
winners. The two days have been
big success and Thursday and
Friday promise to be record break
ers. Come In and see the races
and the splendid displays.
The Marshall republican., 1911-08-24

Ellen Cooper ct al to Clara
Gibson lot 2 In Com. Miller
Subdiv. Marshall ........ ......... 1
Alice n. Lantz to b. r. Manning
pit lot 4, bolocks, Haggln adj
Marshall ...... .. ........... =. 1
Stephen Tudors to Ella Me-
Davitt, lot 10, block I, COLI
lege addition Marshall ......... 1
L. w. Scott to w. G. Akers,
lot Q, block 80, Marshall. IS
Joe Collins to c. J. Wheeler
20 acres In 26-51-23 ............ 900
d. s. Henry to Ed. H. Haynie
lots GA, e6, Henry addition
Marshall ..... ........ ......... 1S5
Ed H. Haynie to John McGuffin
and wife same ......... ............ isi
Jas.sH. Irwin to Mary r. Rose
lot part and a, block 5,
g Boatright & Gordon addi-
ton, Marshall ........ ......... 22oo
d. r. Manning to Lennie Stri-
kerr part lot I, block Hagt.
gina addition Alarshall.. ...... 1900
w. a. Burroughs to Jennie
Scott part lot Z, block q
Haggin's addition Narahlla :. .15o
Ben Nunies 20 Louis A nuek q
partl 6ts I, : block :, eisteS ~
The Marshall republican., 1911-08-24

r. o. Shepherd
II. II. Hopkins
Arch Crosslin
DR.. NJ. s. Mcclure
Seth Diggs
Carl Martin
W. II. Wood
s. Y. and Clark Thornton
Jess Kincheloe
ID. Laviess
8. p. Fades
X. v. Stone
Claude Wells
John Howell
Gibson Scott
Arch Gregory
Arthur Dickson
o. G. Brown
A. W. Howell
A meeting was held in the coun-
~ court room at 3 p. m.
The Marshall republican., 1911-08-24
Gard of Thanks

We desire to extend our heart
felt thanks to all those who as
sisted and sympathized with us
In the sad death OF Harvey Hor-
ton, and trust that In some manner
We may show the deep apprecia-
ton We feel.
Mr.. and Mrs. s. L. Baker.
The Marshall republican., 1911-08-24
Births

Mr.. and Mrs. Roy Lassley, who
are at the home Of Mrs. Lassley's
parents, Mr.. and Mrs. b. II. Steele,
near Norton, are the proud par
ents of son who arrived Friday
morning.
A daughter was born to Mr.. and
Mrs. Robt. Bagnell Tuesday, Aug.
18th at their home near Koping.
The Marshall republican., 1911-08-24

MRS. JULIA BAKER, mother OF
]. M. and Geo. e. Rose, died at
her home In Glasgow Friday, Aug.
18th, aged about IS years. The
sons were at her bedside and at
tended the funeral Saturday.
The Marshall republican., 1911-08-24
MRS. ROBERT DAVIDSON died

MRS. ROBERT DAVIDSON died
Mt her home, eight miles southeast
OF Slater, Wednesday, August 10th,
at Q a. m, aged about sS years,
She had been bedfast with rheum-
atism about 10 years. She fell out
of bed about two weeks ago and
since grew rapidly worse.
Her remains were brought to
Marshall Thursday morning and
after q short service conducted
by Rev. Herndon, were laid to rest
In Ridge Park cemetery.
The Marshall republican., 1911-08-24
Missouri Valley College .asaaia .1ssouRi
College. Music Conservatory. Academy

Co-educatona buildings modern laboratories H.
brary beautiful athletic forty
all buildings heated from heating plant lighted by sectriet
tandArds hgh location IDEAL Marshall and Saline County d
most beautiful prosperous city; le Write for
cst.log, w Hsnry naae. Prss eos cslists & MsssAa No
The Marshall republican., 1911-08-24

Clothes cleaned, pressed
at Rose & Buckners.
The Marshall republican., 1911-08-24
DEATHS

MICHAEL JACoBY, one OF our
old and prominent citizens, passed
away at his home in this city on
Friday morning, August 18th at
the ripe old age OF SO years, Sc OF
which we're spent in Saline.
Mr.. Jacoby was born In Bitburg
Trier, Germany, on Dec. 4, 1925,
and came to this country from
there SO years ago. He served
through the civil war in the union
army, escaping without injuries.
On August 18th, i6 years ago, he
was married to Miss Elizabeth
Siebers, who survives him. He
practically died on his 10Th we'd
ding anniversary. Ten children
were born to this union, eight OF
whom survive, as follows: Henry
Jacoby, Marshall; Miss Katie Ja-
coby, South Missouri; Mrs. Annie
Nash, Tacoma, WASH; Joe JacobyI
south OF Marshall; Mrs. Will Van
Wrinkle, Marshall; Mike Jacoby,
Lawrence Jacoby, and Mrs. Thos
Fowler, all OF Marshall.
Mr.. Jacoby was a good, steady
and substantial citizen, a kind hus-
band and father and his life was
well spent. His work will live af-
ter him In the days to come In
this county and II will all be to his
credit.
Funeral services were held at the
Catholic church Sunday at 2 p. m
conducted by Father o'Neil. after
which the remains we're taken "a
Ridge Park cemetery for burial.
ELIZABETH STELLA ADKINS
daughter OF Mr.. and Mrs. Charles
Adkins was born ut Birchtree
Mo-, September 81, 1894. She unit
ed with the Methodist Episcopal
Church OF Malta Bend on the 25tf
day of June 1905. During these
six years she has been a faithful
member OF the Sunday School ant
Epworth League OF the church oI
her choice, living consistant
Christian life. Her sickness was oI
short duration and the end cam,
on Saturday morning, Aug. 10th,
1911 at one o'clock. Besides hel
father and mother, two brother'
and two sisters survive her. Sh'
will be greatly missed among nj
for every one who knew her lovet
her and the sorely bereaved fam
lily have the heartfelt sympathy o.
the entire community. The fu
neral services were conducted n
First M. 4. Church Sunday morn
ming, August 2oth, Mt II o'clocl
by Rev. Leatherman, to n lrag'
audience OF sorrowing friends. Th'
pail bearers consisted OF six youni
girls OF her Sunday School class
namely, Misses Villa Adams
Vivian Kitchener, Edna Crum
Mary Gift and Grace cliff. Bur
ial In the Malta Bend cemetery.
The Marshall republican., 1911-08-24

A meeting was held in the coun-
y court room at p. m.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-01-21

that contracts OF insurance made by
any company belonging to or mem
Der of or in any way connected with
any tariff association or such like
thing by whatever name shall be con-
strued to add rs per cent to the face
of the policy or contract of insur.
ance in addition to actual loss or
damage suffered, providing that the
jury or court finding certain facts
must add amount of said penalty to
the verdict and providing for a lib
eral construction of this act. Insur-
ance.
S. B. No. 1870, Simpson, to amend
and re-enact section 4466 of the re-
vised codes of 1905 relating to an
nual statements of insurance compan-
les. Insurance.
S. B. No. 131, Welo, amending Sec
tons 1877, 169, 10, III, 1913 and 1911
of the revised codes of 1905 relating
to the appraisement and sale of
school lands. Education.
S. B. No. 1872, Davis, appropriating
$4,000 for the maintenance of pub
lie health laboratory in the medical
department of the state university
and school of mines at Grand Forks,
and its branches at Bismarck and
Minot and to repeal section |, chap.
ter 26 of the session laws of 1907.
Appropriations.
S. B. No. 1873, Wallin, to amend
section 1884 of the revised codes of
1905 as amended by chapter 22O of
session laws of 1907, relating to rights
of purchase of land at sale for non
payment of taxes. Judiciary.
S. B. No. 1874. diversion, appropriate
ing $6,S87.25 for the Williston exper-
mental station at Williston, N. D.
Appropriations.
S. B. No. 1885, Plain, a concurrent
resolution amending the constitution
OF North Dakota, empowering legis-
latlVe assembly to provide by law
for the election, leasing, purchasing
and operating terminal elevators in
Minnesota and Wisconsin or in either
state. Warehouses and grain grad.
ing.
S. B. No. 1885, Linde, to amend and
re-enact chapter 1870 of the laws of
1909, being an amendment of section
$500 OF the revised codes of 1905 and
to repeal section 2601 of the revised
codes of 1905 relating to sheriff's
fees. Judiciary.
S. B. No. 1877, Davis, appropriating
$1,000 to F. C. Hebron for his sery.
ices as assistant attorney general of
North Dakota, especially authorized
to enforce the nrnhihitorv low ~
North Dakota. Appropriations.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-01-21

Lieutenant Governor Burdick yes
terday announced the senate men,
bers OF the committee for the inves.
tigation of the game and fish COM
mission under the concurrent resolu.
ton adopted by the two houses. Sen
ators, Garden, Mcdonald and Mellow
ell are the senate end of the COM
mittee. The committee will prob.
ably organize Immediately and pro.
coed with its work.
The house resolution for an extend
ed investigation of the treasurer's
office to cover a period of eight years
last past came over at the opening
OF the senate session, and was adopt
ed on motion Of Senator Steele. A
; motion to reconsider the adoption Of
the report with view of referring
it to the committee on state affairs,
was lost.
The house resolution for the popu-
lar election of U. S. senators went to
the state affairs committee.
The senate finished it's routine bus
mess early and adjourned to meet
with the house to hear Prof. Larson
of Wisconsin who talked on rural
schools. Two bills were reported,
S. B. No. AZ to pass with a slight
amendment, and S. B. No. 40 was
killed.
S. B. No. 80. the Duncan resolu-
ton for payment of legislative sup
plies and postage, came back from
the house-the first bill to pass both
houses.
The following bills were introduced
in the senate yesterday on their first
reading and under suspension of the
rules they were re-read and referred
to their respective committees:
S. B. No. 1926, Stevens, relating to
deposits in banks or other institu.
tons authorized to receive deposits
under the laws of North Dakota
when such deposits are made in
two or more persons names. Banks
and banking.
S. B. No. 1877, Kennedy, appropriat.
ing $4,000 for the erection and
equipment of a dairy laboratory, reci-
tation hall and boys dormitory at
the Agricultural college at Fargo.
Appropriations.
S. B. No. 1873. diversion, regulating
marriages and assurances of marriage
licenses, prohibiting marriages in
certain cases. providing penalties for
the violations of the provisions of
this act, and repeating all acts or
parts of acts in conflict herewith.
Judiciary.
S. B. No. 1919, Simpson, concerning
insurance contracts and providing
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-01-21
Gated largely upon such statements
and admissions so made on the ap-

Gated largely upon such statements
and admissions so made on the ap-
plication for the writ of certiorari
2. The dismissal, entered on stip-
ulation Of counsel, of an appeal from
an order of the district court, is not
an adjudication precluding the appel
liant therein and the respondent here
in from subsequently applying to the
district court for an order granting
other and different relief from that
denied by the order formerly ap-
pealed from.
3. Respondents herein made ap-
plication to the district court for an
order vacating judgment entered in
this case by that court. The district
court at that time did not have juris-
diction of the action as it was in this
court on appeal. Immediately on
the return of the record to the dis
trict court from this court, the appli-
cation to vacate the judgment was
renewed. Held, that the determin-
alton of the first application did not
stand in tho way of new application
on the same ground made after jur-
isdiction had been re-vested in the
district court, and in any event that
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-01-21
SUPERIOR TEAM WORK
OF CO. 6 TRIUMPbED
LOCAL TEAM WENT DOWN TO
DEFEAT TO TUNE OF
So TO 81.
Game Was Fast and Furious-Com-
pany G Will Play All Star Legis.
Iative Team Tonight.

Company G of Valley City defeated
the basket ball team of Company A
of Bismarck at the armory Friday
evening by the decisive score of So
to 81. The visitors gained lead
of 16 points in the first half and were
never headed.
Tonight at $3.50 the Valley City
organization will meet the All Star
legislative team of the Twelfth leg
islative assembly at the armory. The
team is composed of old college play
ers who have been practicing since
their arrival in the city and they
expect to give the visitors the game
of their life. 1t will be we'll worth
seeing.
The game Friday evening was one
of the best exhibitions ever witnessed
on the local floor The Company G
boys clearly outpointed the locals,
and their superior team work was
manifest at all stages of the con.
test. This was due in large mea-
sure to the lack of practice of the
Company A team, but the boys Of the
latter organization are working hard
and will turn the tables on the next
visiting team which comes this way.
The Valley City boys were in the
game every minute and got down on
their signals to perfection. 1t was
the smoothness with which they
worked their signals which con-
tributed largely to their victory. DAY.
idson, their center, although he had
been sick all day and should have
been in bed. played a clean cut game
and connected with the basket nine
times. Cox and Stewart at forward
threw many seemingly impossible
baskets that brought out rounds of
applause from the large crowd pres
ent. A great deal of the credit for
the small score of the local team is
due to the work of the Valley City
left guard, Heimes. and Jacobson and
Craswell who each played one half
at right guard were in the game
from the first shrek of the whistle.
Jacobson threw one of the most diff
ficult baskets and one of the pref
test Of the evening during the Sec
ond half.
For the local team Vandever played
brilliant game He was on the
jump all the time and made six goals
from the field.
Nelson at forward has not had
very much time to get in condition,
but his work bore evidence of his
ability and he threw four baskets.
He will probably play with the All
Star Legislative team tonight, having
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-01-21

ers and taxpayers of the school dis
trict against which it was taken, a
Judgment may be vacated after the
expiration of a year, by reason of
the inherent power possessed by
courts of general jurisdiction to set
aside collusive and fraudulent judy
ments.
S. Under the facts disclosed or
the record in this case, and referred
to In the opinion, Held, that the mov-
ing party was not guilty of laches in
making the application for the order
appealed from herein.
6. An application to vacate a
judgment obtained by collision and
fraud upon the voters and taxpayers
of school district made by a party
affected, on proper showing, need not
be accompanied by an affidavit of
merits.
(Syllabus by the Court.)
Appeal from an order of the dis.
trict court of Richland county. Allen,
Judge.
Affirmed.
Charles E. Wolf, and Purcell &
Divet, for plaintiff appellant.
Dan R. Jones, for defendants.re-
spondents.
w. S. Lauder, for respondents.
Opinion by Spalding, J. All con.
curing except Morgan, G. j., not par
ticipating.
STATE OF NORTH DAKOTA, o.
tober Term, 1910.
Rande Nordhagen, Plaintiff and Re.
spondent. VS.. Enderlin Investment
Company, Defendant and Appellant
and John J. Lee, Sheriff of Ward
County, Defendant.
Evidence examined. and under the
law of Enderlin Investment Company
VS.. Nordhagen ct al, 10 N. D. -,
1913 N. w. 800, it is held that appel
liant is entitled to a decree quieting
title to the land described in the
opinion, against all claims of respond.
ent.
(Syllabus by the Court.)
Appeal from the District Court
Ward County, Goss, Judge.
Action to quiet title.
Reversed
Pierce, Tenneson & Cupler, for an.
pellant.
No appearance or brief for re-
spondent.
Opinion by spalding, J., all concur
ring except Morgan, c. j., not par
ticipating, and Goss, j., disqualified.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-01-21

played with the state university for
four years and being a member of
the third house. Albertson and Belk
each played a half at forward, and
their work on throwing baskets from
fouls ELECTED much applause. Hogue
and Orr played hard and fast game
at guard, and helped to keep the
score down. Without their almost
perfect blocking and breaking up the
team work of the visitors the score
would have been much larger than
it was.
After the game the boys of Com
pany A were hosts at one of their
enjoyable dancing parties and the
foor was crowded to it's capacity
with the throng of merry makers
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-01-21
4. w. LUCAS co.


the consideration of a second appli'
cation while that court had jurisdic-
ton of the action did not, under the
circumstances of this case, constitute
an abuse of discretion.
4. An application not based upon
the provisions of Section 1884, Re.
vised Codes 1905, which provides
among other things that courts may
within one year after notice thereof,
relieve a party from judgment, ETC.,
taken against him through his mis-
take, inadvertence, surprise or ex-
cusable neglect, but made upon the
ground that the judgment complained
of was entered upon collusive and
fraudulent stipulation Of the parties,
and was in law fraud upon the vot-
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-01-21
Supreme Court
STATE OF NORTH DAKOTA, Oc'
tOber Term, 1910.

STATE OF NORTH DAKOTA, Oc-
tober Term, 1910.
r. P. Williams, Plaintiff and Appel
liant, VS.. Paramount School District
of Richland County, North Dakota,
school corporation, and F. A.
Deans, X. Currie, and H. O. Hub
bard, as directors of said Fair
mount school district, Defendants
and Respondents. :,
1. The Respondents herein applied
to this court for a writ of certiorarl
in this action. Counsel in opposi-
ton to such application made certain
statements and admissions as to the
nature and effect of an application
Heretofore made to the district court
by respondents herein. Such state
ments and admissions were acceded
to on the hearing by the applicants
for such writ. The opinion OF the
court found in Schoweiler ct al VS..
Allen ct AL, II N. D. SO, was predi-
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-01-21

until a late hour. The score of the
game in detail follows:
Valley City:
Cox, IF, 2, 2, 2, 2, 2, 2. 2-14.
Stewart, If, 2, 2, 2, 2, 2, PIP.
Davidson, c, g. 2. 2, 2, 2, 2, 2, 2. q
IS.
- Heimes, lg, 2, 2, 90.
Craswell, re-.
Jacobson, re-, p.
Total-52.
Bismarck:
Albertson, re-, 2, /, IA.
Belk, IF, 2, 2, l, !, II.
Nelson, If, 2, 2, 2, 2-S.
Vandever, c, 2. 2, 2, 2, 2, 2-12.
Hogue, re-.
Orr, lg.
TOtal-31.
Score, first half, 80 to IA; final,
So to 81. Referee, Moore; umpire,
Ellsworth; timel1eepers, Green and
Graham; scorers, Fridd and Winter;
length of halves, 20 minutes.
The A. w. Lucas company are CIV
ing some very special bargains in
suits for today only You'll appre-
ciate the price savings.