davidaulloa/AmericanStories huggingface dataset:
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-06-01

square. On the
outside of the
church and print
ed in different
| a n g u ages are
elaborate direc-
tions of how to
gain admittance
to the church on
week days. The
key must be got
from the warden,
who lives in the
third house from
the left of the
church. the house
with the yellow
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-06-01
Appreciation.

"Aeroplane costumes are hideous" :"
That's true, but they are not quite
as ugly as diving suits"
"Umph! The kind Miss Kellerman
wears are all right"
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-06-01

NlQ AOl hlSS ~.
Peters toe!' II
did not bring
home a piece of
lava from We
suvius!" Il did
not take a snap
shot of a Dutch
windmill! II did
not climb Mount
Blanc in Alpine
costume.'
A bromide al,
ways wins out in
the end, for he is
allowed SO many
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-06-01
Certainly

Certainly.
Teacher-What happened when the
army fell into the ambush?
Little Willie-Why, they were all
scratched up.
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-06-01
Ne Knew.

Backer-You got trimmed bad.
thought YOU said you We're confident
of the result.
Pugilist-I was. | knew Id get
licked-Puck
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-06-01

If your skin is marrcd by pimples ane
liver marks, take Garfield Tea. 1t vii
regulate the liver, cleanse the system ane
purify the blood
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-06-01
Unsympathetic.

Unsympathetic.
"Over in France they are pouring
champagne on the ground"
Well. I'm not going to feel q bit
sorry. The ground has no head that
will ache the next morp,nRi
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-06-01

Mrs. Wlnslow's Soothing Syrup for Children
teething, softens the gums, reduces inhamma-
ton. alays pain. cures wind collie, 25c u bottle.
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-06-01

Garfield Tea will regulate the liver. Civ
ing freedom from ick-headache and bilious
attacks. 1t oNercomes constipation.
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-06-01

There is no fool like the peacemaker
who interieres between husband and
wife
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-06-01
That Liberal Congress

washington has asked for one
hundred additional policemen"
What about it?"
Congress wants to give them that
many new laws, instead
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-06-01

There are times in the life of every
small boy when he would like to as
sumo the role of father to the man for
a few brief moments.
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-06-01

To Take for Headache.
What do you take for headache?"
Liquor, the night before. Toledo
Blade.
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-06-01

Anyway, there is nothing monoto-
nous about the weather.
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-06-01

Some men are anxious to get money
10 get more.
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-06-01

Some men look upon laws as things
merely to be broken
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-06-01
One Experience.

1.-The woman you sent to me for a
Job in the musical comedy seems en-
tirely inexperienced. Do you know of
her ever having done leading business
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-06-01

peaked mountains never fail to inter
est the bromide Americans.
And why not be bromodic? The
greatest bromides of all are the peo-
pie who are afraid of being a bro
mide and scream with emphasis: Il
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-06-01

I'm one way. | knew she always led
her husband dance"
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-06-01

e: : !; ! = 1: T.: -; 5:
toui 10. III Gui ops ioi
Dutch shoes and snow
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-06-01

pleasant and use
Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-06-01

"ooos' world. Done up gray, and their
hobble skirts they look like ungain faces have
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-28


eOrding to a rule Of the court the
plaintiff paid the fee. had the tran.
script hled, and the Judgment ar
frmed. Also The State V. The CHI
cago and Eastern Illinois Railroad
Company, ct al, las Ind 229 CAS- n q
1851 a case in which the agent OF
defendant presented articles Of con-
solidation to the secretary OF state
for the purpose Of cling for record,
and upon being informed that the
fees would be $4,000, to authorize
the filing, took the paper away With
the consent OF the officer; and In an
action by the state to collect the fees,
it was held that the articles were not
filed and that the officer properly re-
fused to file the document.
All Of the cases cited by counsel
for contestant are to the effect that
an officer has the right to decline 70
file document until the fees are
paid. which is in no way questioned
in the case at bar. Here as shown
by the afildavits Of the clerk, the fees
were all arranged satisfactorily to
him, within the time allowed By law,
and l think the spirit OF the statute
was fully conformed to, and that the
letter thereof was substantially com
piled with. Any other rule would
seem to sanction the clerk In unin-
tentially trapping the appellant. and
might defeat the ends OF justice. The
appellant In, this case was diligeut,
and Il was no fault Of his that the
transcript was filed before the fees
were paid; see State v. Williams. IS
Or. 14S, To require a party in pro-
ceeding to pay fees for the county,
when there is no officer willing to re-
celye the same, or be held in default
for want Of such payment. would be
analogous to requiring the attend-
ance Of such party at court at his
peril. when there was no court in
session.
know nothing about the merits OF
this case but think the appeal should
be heard. For these reasons am
unable to concur In the opinion Of
the majority of my associates
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-28

transcript should be endorsed as
filed July 1,3 1911, that being the
date of the certificate,
II is also now claimed that the
fees required by law for filing the
transcript were not paid within the
proper time. This, however, was not
the basis Of the motion to dismiss the
appeal, nor was 1t referred to there
in. It is clearly shown by the un-
contradicted afidavits, that It was not
the fault Of appellant that the filing
fee was not pair; that the clerk de-
sired time to ascertain the number
OF foaios OF the transcript, In order
to determine the amount to be paid,
and when the appellant and his
counsel offered TO pay the fees, at the
suggestion Of the clerk, the matter
was delayed. The clerk had perfect
right and It was his duty 10 exact
and receive the fees for the tran
script before filing the same. Such
officer Of the court, like any other
has the privilege Of taking a sufficient
time to make a proper investigation
and ascertain the correct amount;
and the action according TO the de-
position Of the county clerk, did not
transgress the rule in hits " Hits.
4S Or. 1862, but was IN perfect accord
Herewith. In the last mentioned
case IL was held that a fling may de-
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-28

pend upon the terms OF a statute au-
thorizing II, and win not become
operative until the requisites are
first complied with. at least In sub
stance. In the above case no fees
were paid or rendered. and for that
reason the clerk did not file the tran
script within the required time, while
in the case at bar. both appellant and
his attorneys offered to pay the fees
before the time expired, and the only
reason this was not done was the de-
clination Of the county clerk To re-
ceive the same, owing to his not
knowing the exact amount. 1t is said
in the majority opinion that" the
appellant and his attorneys could
easily have computed them and ten
dered the amount to the clerk" In
my opinion. the counting OF the words
in the transcript Is one of the duties
of the clerk for which he is paid a
salary, and attorneys for ltigants
are not lSQuired, either under the
law, or according to the usual prao-
tice, to perform this service.
In Templeton v Lloyd (or) 115
Pac. Rep, 1865, there was delay in
the payment Of the fees in one OF two
cases Of the same name, which we're
tried together in the circuit court
and the fee having been paid before
the molten to dismiss on account Of
non-payment was heard, the motion
was denied
In Anderson v. Robinson decided on
November Ia, 1911, in which no opin-
ion was written, the transcript was
received by the clerk Of this court,
September 25, 1911. within the time
allowed by law for filing the same.
The fees required to- be paid for iil-
ing did not accompany the transcript
Counsel for appellant, when his at
tention was called to this matter.
mailed the required fee and II ar
rived at Salem, Oregon, postofEice,
within the time allowed by law, but
was not actually received by the
clerk until the next day; and the
transcript was then endorsed as filed,
being date after the time allowed
by Law for filing the transcript On
motion to dismiss, II was held that
the transcript was fled within the
required time, and the motion was
denied There Is nc veason under the
law why any different or stricter rule
should be applied, in regard to an
appeal to the circuit court, than pre-
walls in the determination Of appeals
to this court.
Counsel for contestant cite the
case of Finders " wager, 20 Iowa
46S, wherein an appeal was taken by
defendant from Judgment in a JUS
tlce court, and the transcript was re-
turned by the justice to the clerk o.
the circuit court No fees were pait
by defendant as required, and &C
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-28
OREGON SUPREME
COURT DECISIONS
CONTINUED from page four.

torneys knew that the scope of the
officers duty was thus restricted. Still
further, the fees for making the tran
script, as well as the one required to
be paid before filing the same, being
established in plain terms by the stat
ute, the appellant and his attorneys
could easily have computed them and
rendered the amount to the clerk; but
even this was not done or attempted
The whole transaction as disclosed by
the affidavits appears to have been an
effort on the part of the appellant to
do business with the county clerk on
a credit basis when the statute ex-
pressly requires it to be done for cash,
in advance.
We are not unmindful of the terms
of section SAT L. o. L. providing that
"a pleading or paper shall be filed
by delivering the same to the clerk
at his office who shall endorse upon
1t the day of the month and the year
and subscribe his name thereto" We
have no disposition either to overturn
the doctrine of such cases as McDon-
aid v. Crusen, 2 Or 25S; Conant's Es-
tate, 43 Or. $50, 70 Pac. 1918, and Bade
V. Hibberd, so Or. sol, SO Pac. 1854,
when considered in the light of the
conditions under which they we're de-
cided. They hold in substance that a
paper is deemed filed when left with
the clerk for that purpose, although
he may not have placed thereon the
required endorsement. But that sec
ton and these cases deal with the
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-28
Mhere the LOcnlltr DOCS Nod Count.

Wherever there are people suffering
from kidney and bladder ailments,
from backache. rheumatism and urin-
ary irregularities, Foley Kidney pills
will help them. Belvidere, ILL.,, ~ A.
Kelly, an ex-engineer, says: Three
years ago my kidneys became so bad
that | was compelled 10 give up my
engine and quit. There was a severe
aching pain over the hips, followed
by an inflammation OF the bladder,
and always a thick sediment Foley
Kidney Pills made me sound and
we'll man. can not say too much
IN their praise" Tonic In action.
quick In results. VIII cure any case
Of kidney or bladder dizogder not be-
yond the reach Of medicine. No need
to say more. H. JermaD, Red Cross
Pharmacy.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-28

mere physical act of filing the paper
and not with the right to have 1t filed.
They are applicable to the former sys-
tenn under which the fee was the pri-
vate perquisite of the officer which he
might waive at his pleasure. Now,
however, the filing fee is the property
of the county the prepayment of which
must be exacted by the clerk. It's pay
ment in advance is condition prece-
dent without the performance of which
the right to have the paper filed does
not exist. A precedent controlling
the case in hand is found in Hits v.
Hits, 43 Or. 1862, 70 Pac. 697.
An appellate court can acquire jur-
isdiction only in the way marked out
by the statute. We cannot turn aside
from the beaten path thus established
and say that the clerk ought to have
disobeyed the law which requires him
to exact fees in advance and forbids
him to file the transcript until the
filing fee is paid. IN
The action of the circuit court In
dismissing the appeal is affirmed.
Bean, ]. (dissentlng.) This is an
appeal by contestee from a judgment
of the circuit court dismissing an APP
peal from a decree Of the county court
of Malheur county.
On June Ia, 1911, the county court
rendered a decree caucelling a will Of
Mary Elizabeth Hart, at which time
the contestee gave due notice Of an
appeal from the circuit court. An I'M
dertaking on appeal was served and
filed June Is, 1911. Allowing thirty
days from the expiration Of the time
for excepting to the sufficiency Of the
sureties, under the provisions of l. o.
L sec. $50, the appellant was required
to file the transcript In the CIRCUIT
court on or before July 81, 1911, under
section 554, L. o. L., as conceded by
counsel for both parties. The tran
script was endorsed by the county
clerk as filed July "a, 1911" This
was done on August Is, 1911, and the
contestant moved to dismiss the ap-
peal for the reason that the same was
not filed within the time required by
law. Affidayits In resistance and in
support of the motion were filed.
Those on behalf Of contestee are to
the effect that on July 10. 1911 the
county clerk, pursuant to the request
of contestee's counsel made at the
time of filing the undertaking, had
prepared and certified to the tran
script. About this time two Of the
attorneys for contestant examined the
transcript, requested the clerk to
amend the certificate thereto, and file
the same that day. They offered to
pay the filing fee. whGh the clerk
declined, saying that he wanted the
fee for making the transcript, but did
not then know the exact amount He
said that he would inform them later.
and that Martin " Prather could pay
the same. There is some contention
as to when this occurred, but Il APP
pears to have been sometime previous
to July 21, 1911. II. G. Wheeler and
George e. Davis, attorneys for contes-
tee, fixed the date as July IA, 1911"
and Frank L. Morfitt, county clerk, as
"July 10 or IA, 1911" The clerk states
that the transcript has remained In
his custody ever since that time.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-28
RESIDENCE PROPERTY.

No. 90. Eight room house and cor
ner lot, 75xlOO. House modern AMI
almost new; 1880
No 06. Six room house and large
corner lot. House renting for $40 a
month; 1880
A good 10 room house on South
church street only four blocks from
state on lot 0Ox16s Tor only $4,000
A Gve room old house on Marion
street between Thirteenth and Four
teenth. Property, 125-foot front by
almost 300 feet deep. Price for
whole $500. or can sell lots seDar-
ately.
Six room modern house on corner
property on chemeketa, lOOxl65
Price, $4,000.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-28
BEAVER DAM LAND.

We have some OF the finest deep
beaver dam peat land In the valley
for only $3.50 per acre. This is the
greatest onion and garden truck
land. Although this price is less
than half Of what IS generally asked
for this kind Of land, II is one Of the
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-28
IN WALDO HILLS.

1Oe acres in Waldo Hllls only 2h
miles east of the asylum farm for $50
per acre.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-28
PRIME LAND,

20 acres on top OF Jackson Hill,
seven miles south on Jefferson road,
for $3.50 per acre.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-28
REAL ESTATE BULLETIN
E. HOFER & SONS
INVESTMENTS
INVESTMENTS

finest pieces OF it's kind in the local
itE
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-28
FIVE ACRES IN TOWN

FIVE ACRES IN TOWN
No o., Five acres with Ave room
cottage and barn, About 10 blocks
from State street car line. rrlce
only S275O.
We can show you several OF the
prettiest and best arranged small
bungalows in Salem at prices that
are right.
We have a number OF fine pieces Of
city property 70 trade for farm prop
erty.
Come and tell us what you are
looking for.
We have several good houses to
rent
The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1911-11-24
DEATH OF ERNEST COWLEs.

]. E. Cowles departed this life al
Ogden at LIS O'Clock Wednesday
morning, November 22nd, after an
illness of several months. He went
to Ogden few weeks ago end has
)een at the home of his parents. His
amily Joined him there when it was
ound that his case was becoming
.ore serious, and they were at the
edside when he passed away.
Mr.. Cowles has lived in this vicin-
ity for about eighteen or twenty
years, and has a wide acquaintance
and host of friends who will re-
gret his early demise. He leaves a
wife and several children. At the
time of going to press we were una
BILE to learn what were the arrange
ments for the funeral, but the suppo-
sition is that it will be at Ogden, and
that the family will return to their
home at Blackfoot.
The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1911-11-24
DEATH OF MRS. PRIEsTUY.

Mrs. w. w. Priestly departed thi
life Sunday morning, November 19
at the home on North Shilling av
enue, after a short but severe illness
Deceased was born in England ii
1854, and came to America when sh,
was about twelve years old. He
party came over in a sailing vessel
and they were eleven weeks on tn,
seas, coming via New Orleans. The!
came to st. Louis and to Council
Bluffs where her parents lived for ;
few years, and then came to Utah
Her maiden name was Emma ]. Ste
venson, and she travelled afoot t
Salt Lake City in company with 9th
ers. She was married to George Will
liams, and ten children resulted from
this marriage, nine Of whom are still
living. Mrs. Williams outlived her
husband, and about a year ago she
was married to w. w. Priestly OF
Blackfoot.
The funeral was conducted on
Tuesday afternoon from the y. D. s.
church and the remains were in
tered in the Grove City cemetery, a
large concourse Of people being in at
tendance, some coming from Chester
field and Salt Lake City.
Mr.. Williams was a sturdy pioneer
and a veteran Of the Blackhawk war
of Utah. The children are numbered
among the substantial citizens of this
community, and So grandchildren
and many great grandchildren sur
vive them.
Following is list of the names
OF the nine sons and daughters: Geo.
e. Williams of Woodville, Idaho; Jas.
G. and P. j. Williams, of Blackfoot;
Mrs. c. A. Grant, of Chesterfield,
Idaho; Mrs. Jos. H. Call, of Alton,
Wyoming; J. T. Williams, of Pocatel-
10; Mrs. j. d. Jensen of Blackfoot;
Mrs. Geo. A. Whitworth, of Inkom,
Idaho; Mrs. Chris Jensen, of Grouse,
Idaho.
Those who came from a distance
were Mrs. Samuel Grange, a sister,
who lives at Midvale, Utah, Bishop
Nels Hogan of Chesterfield, Mr.. and
Mrs. VIM. Y. Higgson, and Mr.. and
Mrs. VIM. T. Higgson of Chester
field, Idaho.
The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1911-11-24
w. H. SCOTT BURIEs FATHER

w. H. Scott received a telegram
Friday announcing the death of his
father at lola, Kansas, and he and
his sister, Mrs. j.. ]. Burns left Sat-
urday for that place.
Mr.. Scott has visited his son and
daughters at Blackfoot number of
times in years gone by, and made
many friends here. He was one of
those genial fair-minded men whom
to know was to like and respect. He
was fond of politics, and played the
political game with a strong free
hand in campaign times, always a
staunch Republican and one of that
type who was ever ready to present
his political views freely, fairly and
respectfully, regardless of the views
held by his auditors.
The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1911-11-24

Iona Mere. Co. VS.. c. L. Myers, Sc,
for trial Nov. 20.
Flora B. Henbree VS.. Jas. Mackie
set for Nov. 20.
w. A. Lee VS.. Chas. F. Lee, and
Idaho Lumber Co. VS.. F. G. Bowman,
trustee, set for oath.
Geo. A. Lowe VS.. F. G. Bowman,
trustee, set for 26th.
G. W. and M. Co. VS.. A. Beckstead,
continued for the term.
Jacob Epstein was admitted to
citizenship.
State vs. Ida Wadsworth, charge
of selling liquor at Shelly, dismissed
on technical error.
State VS.. Ira Wadsworth, another
offense, set for Nov. 28th.
At the Sheriff's Office.
Sheriff F. e. DeKay left Wednes-
day for Colfax, Washington, to get
Mrs. Josephine Forbes.
Seldom Phillips and VIM. Berge-
man were arrested at Shelley on q
charge of cattle stealing.
Mike Murner who married Miss
Mary Lewis year or two ago, has
gone away under circumstances that
seemed to justify search for him.
At the same time his sister-in-l law,
Miss Clara Lewis, disappeared, and it
was supposed they had agreed to
meet somewhere and proceed togeth-
er to Germany. The sheriff's office
sent out tracers, and wired New York
to intercept them in the event they
took passage abroad. Mrs. Murner
is still at home, north of the sugar
factory.
Last week the family of Carl Nc
Hold was removed by the sheriff
from the farm east of town where
foreclosure proceedings had been
completed. This week they returned
The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1911-11-24
A Home That Offers
Health and Comfort

is, of course, the primary object oil
all homebuilders. It was health par.
ticularly that led our forefathers to
the building of frame houses because
of their freedom from dampness, a
feature of no little importance If one
is to be free of achy rheumatic pains,
etc. When you're young and husky,
however, you are apt to overlook this
possibility, but you can profit by the
advice~of some of our good neighbors
who can talk from experience. Ask
them what they think of frame
rouse. Comfort will follow health
and there's no comfort like cozy
home you know is your own. If
you're thinking of building there's a
lot of things we can tell you from
experience with frame houses that
you'll be glad to know. Let's talk
II over. 22-4
The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1911-11-24
AUCTION SALE AT LESLIE.

On November 28 at Leslie, idaho.
rain or shine, Mr.. Chas. H. Furey
will hold a public sale of about 40
head of horses, all draft bred. fat
and sound, young and gentle and
chunky built, weighing from 1900
pounds down. They vary in age
from sucking colts up, and most of
them are mares.
Also will sell a number of cows
and hogs and lot of farm machin-
cry. The train will be held one hour
returning.
The sale begins at 1890 a. m. The
train arrives at noon, and vehicles
will meet it at Leslie. At previous
sales horses have been selling at very
reasonable prices and >this sale af-
fords a chance for some bargains.
e. M. KENNEDY, Auctioneer.
The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1911-11-24

and took possession, and a question
was raised as to whether or not such
act constituted contempt of court.
Mayor Capps was entitled to possess
sion Of the place and he went out
with a witness, and removed the
household goods and escorted Mrs.
McHold to the roadside, instructing
her not to return and not to further
treespass upon the place. Mr.. Nc
Hold has been away or in town dur
ing the period.
Police Court.
Henry Taylor, a deserter from the
army, was arrested by Patrolman
VIM. Drew this week for a statutory
offense, and he was fined $25. Chief
Max Smith traced the case and found
he was wanted at the nearest army
post, so he left Thursday night to de-
liver him to TT. Douglas. A reward
of $50 had been offered for him.