davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-13
Gallagher '. Kelliher, ct al, DOugIa,
County.

county,
A. NJ. Gallagher, respondent, V. w.
j. Kelliher and - Sawyer, appel
lants. Appeal from the circuit court
for Douglas county. The Hon. ]. W..
Hamilton, Judge. Argued and sub
mitted March 20, 1911. O. P. Coshow
(Coshow & Rice, on brief) for re-
spondent. J. o. Watson (Cardwell &
Watson, on brief) for appellants.
Eakin, C. j. Affirmed.
This is an action in ejectment.
Plaintiff alleges that he is the owner
and entitled to possession of the fol-
lowing described real estate in Doug
las county, Oregon, "the same being
part of the Donation Land Claim
OF George b. Finch, in township o.,
south OF range west, of Willamette
meridian, and particularly described
as: Beginning at the northwest cor
ner of the tract of land commanly
known as the "Pine Grove Church
Property" and running thence SOU
therly along the western boundary
Of said pine Grove Church Proper
ty," to the southwest corner there
of; thence easterly along the south
ern boundary of said Church prop
erty and the southern boundary Of
the said Donation Land Claim of
George B. Finch, 10 feet and five
inches; thence northerly to the nor.
thern boundary of said pine Grove
Church Property" at point six feet
10 inches easterly from the north
west corner thereof, and thence wes-
terly along the northern boundary of
said pine Grove Church Property"
six feet 10 inches to the place of be-
ginning, said land described being
portion Of that tract of land particu-
larly described in the deed from G.
W, Genger and wife to the Trustees
of the United Brethren Church Of
the Deer Creek Glass Of Douglas
county, Oregon, and recorded in page
149 and $50 of Vol. 10 of the Deed
Records of said Douglas county,"
that until ousted by defendants
plaintiff has been in the open, motor
ious, exclusive and adverse possess
sion thereof, under claim of owner
ship for more than 20 years; and
that on April 2S, 1909, defendants by
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-13
COULD NOT WRITE

Versailles, Ky,-Mrs. Elisha Green
of this place, says, 81 could not WRIT
all the different pains had, when
first tried Cardui. l could scarcely
walk. Now l am able to run the sew.
ing machine and do my work; and nv
neighbors tell me the medicine must
be good, for l look so much better
Cardui is specific, pain-relieylng
tonic remedy, for women. In the past
so years, it has been found to relieve
women's unnecessary pains, and fe.
male misery, for which over a million
suffering women have successfully
used it. Try Cardui for your trou.
bles. 1t will help you. At the near.
est drug store.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-13
State of Oregon, EX Rel. H. c. King,
v. Webster, MultnOmah Comfy,

State of Oregon, Elk Rel. H. c.
ing, appellant, V. Lionel R. Webster,
respondent Appeal from the circuit
court for Multnomah county. The
Hon Earl c. Bronaugh, Judge. Ar
gued and submitted March 29, 1911.
H. C, King, for appellant. Zera
Snow, for respondent. Eakin c. J..
Appeal dismissed.
Eakin, C. j.: This is a proceeding
upon a writ of mandamus issued
upon the relation of H. C, King, re-
quiring the defendant, Webster,
county Judge of Multnomah county,
to render a verified statement to the
county auditor of the amount due
him for services each month since
July /, 1906, and to set out in detail
the time he was absent from his Of
flee during that period, other than on
official business as required by Sec.
SO59 l., o. L., or show cause why he
should not be required to do so, A
demurrer to the writ was sustained
by the circuit court and the cause
dismissed. Plaintiff appeals,
1t appears that the defendant re-
signed from the office of county Judge
in May, 1910, at which time he ceased
to exercise the office or act as county
judge of Multnomah county, and Sec.
SO59, if applicablpe to county judges.
which We do not decide, is functus
ofticio as to duties required of defen-
dant during the time he exercise the
office. The controversy is at an end.
The conditions have so changed that
any judgment rendered upon this ap-
peal could not be made effective;
State ex rel V. Grand Jury, 81 Or
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-13
Francis V. The Mutual Life Insur.
anCe Co., MHltnOmnh County.

Mary c. Francis, plaintiff and ap-
pellant, V. The Mutual Life Insur-
ance Company of New York, a cor
poration, defendant and respondent.
Appeal from he circuit court for
Multnomah county. Hon. John B.
Cleland, judge. Motion to strike out
the bill of exceptions. Miller Muir
doch and John F. Logan, for appel
liant. Jerry e. Bronaugh, for re-
spondent. Per Curiam. Motion de-
MED.
In this action a judgment was rem
dered on the verdict for defendant
June IL, 1910. On December 10,
1910, the plaintiff filed her notice of
appeal with proof of service indorsed
thereon and on the goth of that
month filed her undertaking on ap-
peal. On January 6, 1911. a Judge
of the circuit court in which the
cause was tried made an ex parte
order allowing the plaintiff till Jan
uary 31st" to present her bill of
ceptions. Afterwards on January 80
the same judge made a further eX
parte order allowing the plaintiff
five days additional time to present
her bill of exceptions. The record
sent to this court discloses that the
circuit court has prescribed, among
others, rule 10, as follows: ANY
party to a civil or criminal action
may, within 80 days after the entry
of final Judgment, or after the grant
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-13

ing or refusing Of new trial If a
motion for a new trial is filed, pre-
pare and file a bill of exceptions. 1t
shall not be necessary to enter an
order in the Journal granting time
to file a bill of exceptions, unless the
court, by special order. extends or
shortens the time within which to
file it, The court, upon be-
ing satisfied that the adverse party
or his attorney has had due notice
thereof, may, on application of
either party, grant an extension of
time to file bill of exceptions, or a
statement of objections thereto, or
fix a time for the settlement there
of, but written notice shall not be
required" The case is here pre-
sented upon the motion of the de-
fendant to strike out the bill of ex-
ceptions because when it was certi-
fed by the court elbow the time, as
provided by the rules of that court
in which said bill might be settled
and certified, had long since elapsed.
Per Curiam. The syllogism of the
respondent in support of this motion
consists of the major premise that a
rule of practice established by a
court has the same force and effect
as law and of minor premise that
this bill of exceptions was not pre-
sented within the term prescribed by
the rule from which the conclusion
sought to be deduced is that the bill
should be stricken out.
The major premise may well be
conceded. The statute relating to
the transaction of business in the
circuit court of the fourth judicial
district prescribes that "the judges Of
said court, or majority of them,
shall jointly have power to make all
needful rules and regulations, not
inconsistent with law, to render eff
fectual the provisions of this sec
ton and facilitate the transaction of
business" L. o. L. Sec. 913, This
statute is but delcaratory of the pow
er inherent in all courts of record to
establish rules relating to the dis
position of business before such
courts and it is settled by the case
of Coyote G. & S. NJ. Co. V. Ruble, 8
Or 121, that such rules have the
force and effect of law and are
obligatory upon the court making
them as we'll as upon suitors.
The question then is remitted un-
der the minor premise to a construc-
ton of rule 19. The code itself does
not prescribe any particular time
within which a bill of exceptions
may be presented for settlement and
in the absence of any rule on that
subject the course of authority is
uniform in this state that it is dis
cretionary with the court whether
or not it shall settle a bill of excep-
tions at any time after the trial.
Hayes V. Clifford, AZ Or 56S. The
effect of the rule in declaring that
any party to a civil or criminal ac-
ton may within 80 days prepare and
file bill of exceptions is to obviate
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-13
Gives Aid to Strikers.

Sometimes liver, kidney and bowel;
seem to go on a strike and refuse to
work right. Then you need those
pleasant little strike-breakers-Dr
Kings New Life Pills-to give then
natural aid and gently compel prop
er action. Excellent health soon fol-
lows. Try them, 25c at ]. c. Perry's
Druggist.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-13
Zelig V. Blue Point Oyster Co., ct al,
MuItnOmah County.


MultnOmah County.
NJ. A. Zelig, respondent, " Blue
Point Oyster Company, ct al, appel
lants. Appeal from the circuit court
for Multnomah county. The Hon. w.
N. Gatens, judge. On petition for re-
hearing. Dismissed, March Z, 1911.
113 Pac. S52. julius Silvestone for
respondent. Claude Strahan and
Waldemar Seton, for appellants
Burnett, j. Motion to dismiss is
oveTruled.
Burnett, j.: Since the petition for
rehearing was filed in this cause,
challenging the correctness of the
order dismissing the appeal, it has
for the first time come to the know
ledge of the court by the statement
of the clerk that the transcript here
in reached his possession a least by
October 2, 1910, which day being
Sunday, according to his custom he
marked it filed as of the following
day. This being true, the appellant
was in time with his transcript
The former order dismissing the ap-
peal is set aside and the motion to
dismiss the appeal is overruled.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-13
Saving Himself.

A little boy was asked by his
mother to bring in some wood, Five
minutes later his mother, looking
out and seeing him sitting in the
yard, asked why he did not fetch The
wood.
Oh, | am tired" he replied, land
if l use all my strength now when
l am a boy, what will | do when
I'm a man, Omaha World Her
aid.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-13
Rescued From Whaler.


San Francisco, April 12.-Melvin
Donlin, 10, missing from Oakland
since last week, was rescued from the
whaling ship Lapita in the bay today
just as the vessel was hoisting an
chor for a cruise in the Arctic. The
rescue was made by a posse of har-
Dor police. The lad had confded to
companion that he was going to
sea for $35 a month and the compan-
ion notified the boys parents.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-13
ANOTHER SIMILAR CASE.

COrnwallville, N. Y.-"I have been taking
Lydia Il. Pinkhams Vegetable Compound for
some time for Change of Life, nervousness, and
n fibrOid growth.
"TwO doctors advised me to go to the
hospital, but one day while was away visiting,
1 met % woman who told mo to take Lydia H.
Pinl1ham's Vegetable Compound. did so and
know it helped me wonderfully. L am very
thankful that l was told to try Lydia f.
Pinkham's Vegetable Compound" - Mrs. VI
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-13

Natick, Mass, ,-"I cannot express what I
went through during the Change of Life before
pound. 1 was in such q nervous condition
could not keep still. My limbs were cold. 1
had creepy sensations and could not sleep
nights. 1 was finally told by two physicians
that had tumOr.
az read one day of the wonderful cures made
Iby Lydia Il. Pinltham's Vegetable Compound
and decided to try it, and it has made me a well
woman. My neighbors and friends declare it
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-13

542; Moores V. Moores, SO Or. 261;
State ex rel " Fields, SO Or. 453.
Therefore, this court will not deter
mine the question suggested The
appeal is dismissed.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-13

A Kansas man fell into a barrel Of
hard cider and broke his wrist.
That's hard.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-13
By Lydia E. Pinkhams Vegetable Compound

The Change of Life is the most critical period of a
womans existence, and neglect Of health at this time
invites disease
Women everywhere should remember that there is no
other remedy known to medicine that will so successfully
carry women through this trying period as Lydia E.
Pinkhams Vegetable Compound, made from native roots
and herbs. Here is proof:
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-13

mas Lyda lie flnknanfS NegeGiOle
Compound worth its weight in gold for during this
period of e If it will help others you publish this
Nathan b. Creation, 81 No. Main St. Natc Mass
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-13

The makers of Lydia E. Pinkhams Vegetable Com.
pound have thousands Of such letters as those above
they tell the TRUTH else they could not have been obtained
for love money This medicine is stranger has
ctood the fest for wears
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-13

For so years Lydia Il. Pinlzham's Vegetable
Compound has been the standard remedy for
female Ills. No sick woman does justice to
her~elf who will not try this famous medicine.
Made exclusively from roots and herbs, and
has thousands of cures to its credit.
mes Mrs. Pinkham invites all sick women
~ to write her for advice. She has
guided thousands to health free of charge.
Address Mrs. Pinkham, Lynn Mass.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-13
Instead of Liquid
Antiseptics or Peroxide
many people are now using
Paxtine Toilet Antiseptic

The new toilet germicide powder to be
dissolved in water as needed.
For all toilet and hygienic uses it is
better and more economical,
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-13

To cleanse and whiten the
teeth, remove tartar and
prevent decay.
To disinfect the mouth, de-
stroy disease germs, and
purify the breath.
To keep artificial teeth and
hr.i 4 90 rHrnr.lr nlnnrn ndnnlnce
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-13

To remove nicotine from the teeth and
purify the breath after smoking.
To eradicate perspiration and body
odors by sponge bathing.
The best antiseptic wash known.
Relieves and strengthens tired, weak,
infamedeyes. Heals sore throat, wounds
and cuts. 25 and so cts. box, druggists
Or by mail postpaid. Sample Free.
'-.,~ oAXToN TOILET co. ,sosroN, Mass.
Devils Lake inter-ocean. (Devils Lake, N.D.) 1909-1915, 1911-07-28
A CHANGE FOR GOOD CROPS.

Wall street is recovering from its
fright about the crops, and it begins
to think that there will be a big yield,
after all. When the government, a
few days ago, made it's report stocks
dropped, because there seemed to be
an indication that some Of the impor
tant cereals would fall off, as com
pared with 1910. Corn, the greatest
of all the crops, will probably be a
somewhat smaller yield than it was
last year. 1t must be remembered
however, that last year it passed fa1
above the 100000, oo0-bushel mark
and left all the records far behind
Based on the acreage and condition
given out by the government, a yield
of 2,956,000,000 bushels is indicated
for 1911, or greater than that of 1906
which was the biggest crop ever gath
cred except in 1910. ~
The indications for wheat are that
a larger crop viii be harvested than
we had In 1910, or TOP 100000 bushels
this year, as compared with 695, oO0.'
900 last year. Oats will be a somewhat
Devils Lake inter-ocean. (Devils Lake, N.D.) 1909-1915, 1911-07-28

smaller crop this year than that of
twelve months ago. Apparently the
same; will be; true of hay and OF one
or two other important products. The
rains which have come in many states
since the government made lits re-
port have brought an improvement in
conditions. Except in oats and corn
there is a chance still that the crops
will make a better showing than they
did in 1910, and that year saw great
er cereal yield in the aggregate than
had ever previously been harvested.
Usually at this time of the year
there is crop scare, but only seldom
does the harvest show any serious
falling off. The greatest failure of
crops which anybody now recalls was
that which took place in 1881, when
the drought and heat continued longer
than they are likely. to do this year,
and when corn and wheat made a
steep drop in yield. Cotton lis the
only important crop which seems not
to have been, injured by the dry spell.
The outlook is still that it will go far
above the 14,0OO,O O0-bale mark, or
be, at least, 100000 bales in excess of
the largest crop ever gathered in the
past For many years in succession
Secretary Wilson, in his annual report,
issued in December, has noted steady
increase in the aggregate value of all
the farm products. The figure for
j 1910 was approximately $9,000,000,0 00
or more than nine times as great as
the amount of the National Govern
ments Understanding debt. From
present indications 1911 will not inter.
rupt the secretary's paeans.-St. Louis
Globe Democrat
Devils Lake inter-ocean. (Devils Lake, N.D.) 1909-1915, 1911-07-28

MERGE the right to vote for judges of
the tribunal of commerce; and Louisi-
ana gave taxpaying women the right to
vote upon all questions submitted to
the taxpayers. In 1900, Wisconsin
gave women school suffrage, and West
Australia granted full state suffrage to
women, both married and single
In 1901, New York gave tax-paying
women in all towns and villages of the
state the right to vote on questions OF
local taxation. Norway gave them mu-
nicipal suffrage, and the Kansas Legis-
lature voted down almost unanimously
and amid ripple Of amusement a
proposal to repeal municipal suffrage
In 1902, full national suffrage was
granted to all women of federated
Australia, and full state suffrage to
the women of New South Wales.
In 1903, bond suffrage was granted
to the women of Kansas, and Tas-
mania gave women full state suffrage
In 1905, Finland gave full national
suffrage to women, and made them
eligible to all offices, from members
of Parliament down.
In 1907, Norway gave full parliament
tary suffrage to the 100000 women
who already had municipal suffrage,
Sweden made women eligible to NUM-
cipal offices, Denmark gave women
the right to vote for members of public
charities. and to serve on such boards
and England, with only Is dissenting
votes out of the $40 members of the
House of Commons, made women eli
gible as mayors, aldermen and county
and town councillors. The new state OF
Oklahoma continued school suffrage
for women.
In 1908, Michigan gave all womer
who pay taxes the right to vote upoI
questions of local taxation and the
granting of franchises; Denmark gave
women who are taxpayers or the wiz
es of taxpayers a vote for all Officers
except members of Parliament, ant
Victoria gave full state suffrage to al
women.
Years ago, when equal suffrage wa
much more unpopular than it is now
somebody asked Bishop Gilbert Havel
if it were true that he had been speak
ing at a suffrage meeting.
YES" answered the Bishop, II don
want to fall in at the rear of this re
form; l mean to march with the pre-
cession!"
There can be no doubt as to whic
way the procession is moving
Devils Lake inter-ocean. (Devils Lake, N.D.) 1909-1915, 1911-07-28
NOTICE OF SEWER ASSESSMENT.

70 All WllOIn II may cOnCern:
Notice is hereby given that the follow
ing is complete list Of all the lots and
parcels of land in the City Of Devils
Lake, Ramsey County North Dakota
benefited by the construction of the sew
sessed against each lot or parcel of land
and that each lot or parcel of land has
been and is hereby assessed the amour,
Set opposite the description thereof.
fed that on Monday, the 18th day OF
August, 1911, at 10 O'Clock, in the fore
noon OF saiu day, the undersigned Spec
th.. Council Chamber of the said City OF
Devils Lake, North Dakota, to hear any
and all objections which may be made
to such assessment by the owner or oc-
cupant OF any such tract so assessed OF
other person Interested, or their attor-
agent
Devils Lake inter-ocean. (Devils Lake, N.D.) 1909-1915, 1911-07-28
FRIDAY, JULY 20, 1893.

True success is the educating and
adapting of ones mind and soul in
such a manner that he may be able to
enjoy life and appreciate its highest
conceptions, that he may partake Of
the sweetness of nature, and in his
daily walks and labors be able to teach
and enlighten the minds of others,
lowmen as we'll as to hims elf-Orison
Sweet Marden.
Devils Lake inter-ocean. (Devils Lake, N.D.) 1909-1915, 1911-07-28
PROGRESS OF EQUAL SUFFRAGE

1t is sometimes said that while the
movement for women's education and
property rights has advanced rapidly.
the movement for suffrage has made
little or no progress. On this point,
let the hard facts" speak for them
selves
Eighty years ago women could not
vote anywhere, except to a very limited
extent in Sweden, and a few other
places in the old world.
In 1888, Kentucky gave school suf-
frage to widows with children OF school
age. In 1850, Ontario gave it to wo-
men. both married and single. In
1861, Kansas gave it to all women, IN
1867, New South Wales gave municipal
suffrage. In 1869, England gave NUM-
cipal suffrage to single women and
widows. Victoria gave it to women,
both married and single, and Wyoming
gave full suffrage to all women.
In 1871, West Australia gave NUM-
cipal suffrage to women. School sui
frage was granted in 1875 by Michigan
and Minnesota, in 1876 by Colorado, in
1877 by New Zealand, in 1875 by Ne"
Hampshire and Oregon, in 1879 by
Massachusetts, in 1880 by New York
and Vermont.
In 1880, South Australia gave NUM-
cipal suffrage to women.
In 1881, municipal suffrage was ex
tended to the single women ano
widows of Scotland, and parliamentary
suffrage to the women of the Isle Of
Man. Nebraska gave women scnoo
Suffrage in 1888 Municipal suffrage
was given by Ontario and Tasmania
in 1884, and by New Zealand and New
Brunswick in 1885.
{. In 1887, municipal suffrage was
!. granted in Kansas, Nova Scotia ant
d Manitoba, and school suffrage in Nortf
Z and South Dakota, Montana, Arizona
\ and New Jersey. In the same yea
v Montana gave tax-paying women thu
B. right to vote upon all questions sub
VI mitted to the taxpayers.
EA5 In 1888, England gave women coun
II tv suffrage, and British Columbia ant
III the Northwest Territory gave then
z municipal suffrage. In 1889, county sui
H frage was given to the women of Scot
VI land, and municipal suffrage to singh
u women and widows in the Province o
II Quebec. In 1891, school suffrage wa
granted in Illinois.
Sss In 1893, school suffrage was grantee
Nh in Connecticut, and full suffrage Il
# Colorado and New Zealand. In 1884
5&s school suffrage was granted in Ohio
bond suffrage in Iowa, and parish an
u district suffrage in England to women
MS both married and single. In 1898, full
state suffrage was granted In Soutl
8s& Australi to women, both married AM
single. In 1896, full suffrage wa
granted in Utah and Idaho. >z ....
.S ss3* In 1898, the women Of Ireland wer
& given the right to vote for all office
81 except members Of Parliament; Min
81 nesota gave women the right to Vot4
for library trustees; Delaware CAV
school Suffrage to tax-paying women
france gave women engaged In com