davidaulloa/AmericanStories huggingface dataset:
The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1911-05-19
Herring AFFAIRS ARE


South Bend, Ind, May 15.-The
$4,000 alienation suit of Florence
N. Herring against the wife of her
former husband Francis Earl Herring
former national president of the ord
er of Eagles, was renewed in court
here today by her attorneys.
In addition suit for $4,000 for
assault was filed by her against Her.
ing, his present wife, Clarabelle Her.
in, Attorney Earl Rogers of Los An
geles and Edward Hirsh also being
named as defendants. She asserts
in the complaint that a conference
was held at the Lasalle hotel in CHI
cago where she was coerced to file a
dismissal of the alienation suit and
that Herring threatened to have her
killed unless she did so.
The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1911-05-19
MAKING RUBiEs TO ORDER.

Making big rubies out of little
ones while you wait" Is new in
dustry introduced In Fifth avenue.
says the New York Herald.
In laboratory at the rear of a
show room, little crowd gathered
to witness what was announced to
be the first attempt in this country
produce artificial gems by fusion.
A. j. Van Exen, a Belgian, was the
manager of the undertaking.
First of all was shown a bottle Of
pink material said to be ruby pow
der, made by crushing small ruby
particles. The process of manufac-
ture, as displayed, was simple. The
apparatus, called a chalumeau, is an
adoption of the oxy-hydrogen blow
pipe.
There were two small furnaces,
capable of producing enormous
heat, each of which contained re-
tort. The powder of natural stone
was put into a metal cup at the top
of the retort and by means Of cleo
trio tapping was forced through 8
tiny sieve into gas flame intensi-
, fed to 1900 degrees Fahrenheit
The molten particles dropped
through the flame upon point
where they gradually built up a
white-hot glowing cone. When cool.
ed this showed itself to be what the
manager called q ruby in the
rough"
Mr.. Van Exen said that it tool
The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1911-05-19

He sat down at his desk, and with
all haste wrote letter OF apology U
his father AS he bade the servant
give the note to messenger. TO carry
it 10 the count, sudden though:
seemed to strike him.
Does madams brother" he asked
know that she is daEgerouciy ill?'
Il 90 not know. sir" replied the
servant. at any rate. have not in.
formed him
Run TO his house quickly. Have
him sought for, II he IS not at home:
be must come
Noel went and sat in the sick-room
The nun was moving about the rooIp
out To the point:
"Rouen, Sunday.
The man is found This evening
We start for Paris. The most valuable
testimony Gevrol.'
Monday morning, NJ. Dabuion was
preparing 10 start for the Paials de
Justice, where be expected to ind
Gevrol and his man. when his servant
ANNOUNCER Ihlt "a yStLb ioNS N>SOAAA
panied by another considerably older,
asked to speak with him.
SHOW them in said the magistrate.
He thought it must be a relation OF
one or other Of the prisoners. whose
case he had had in hand when this
fresh crime occurred. He determined
to send her away quickly. Bat he
Immediately started with d movement
of dismay, as If he had seen a ghost.
"Claire!' he stammered. "Claire!"
1t wac truly Mademoiselle d'Arlange.
This young girl, usually SO proud and
reserved. had had the courage to come
to hts house alone, or almost 30, for
her governess. whom she had left in
the anteroom. could hardly count.
She advanced. calm and dignified,
and held out her hand to the magis-
trate in that English style that some
ladies can render so gracefully.
I'VE are always friends. are we
not?" asked she, with sad smile.
Yes he replied. indistinctly, Il
am always devoted to you
"You know why have Gomez" ask.
ed the young girl.
With nod he replied In the affirm
alive
Il only knew of this dreadful event
yesterday" pursued Claire; my
grandmother considered it best to hide
1t from me, and but for my devoted
Schmidt, l should still be ignorant OF
1t all What night l have passed!
At first l was terrified; but when they
told me that all depended upon you
my fears were dispelled 1t is for
ny sake, is it not, that you have UNI
dertaken this investigation? Oh, you
are good, l know it! How can l ever
express my gratitude?'
DO not thank me, mademotselle,"
he stammered, 81 have not the claim
that you think upon your gratitude"
And yet, SIR she continued, II
tank you all the same. | might never
have dared go to another magistrate,
to speak to stranger. Besides, what
value would another attach to my
words, not knowing me? While, you,
so generous, will reassure me, will tell
me by what awful mistake he has
been arrested like william, and
thrown into prison."
"Alas!' sighed the magistrate, 20
low that Claire scarcely heard him,
and did not understand the terrible
meaning Of the exclamation,
The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1911-05-19
IOWA CLUB WOMEN
MEET IN CONTENTION

Sioux City, Ia, May 16.-Sioux
City is teeming with fair visitors
from all over the state who have
gathered here for the biennial con-
vention of the Iowa Federation of
Women's clubs. Beginning tonight
with welcome meeting and the ad-
dress of the president. Mrs. Julian
w. Richards of Waterloo, the ses-
sions will continue until Friday
night. Reports on child labor con-
ditions In Iowa and numerous 9TH
er problems OF live interest will be
presented for discussnon.
The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1911-05-19
FORMER VICE PRESIDENT
MORTON IS 81 YEARS

New York, May 16.-Levi P. Nor
ton former vice president of the
United States and for many years
one of the foremost bankers and fl
nanciers of the metropolis, received
congratulations from host of
friends today on the occasion of his
eighty-seventh birthday anniversary.
Mr.. Morton recently arrived home
from abroad, having spent the whit
er in the south of France. He is
seemingly in good health and con-
tinues to take an active interest in
business affairs.
The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1911-05-19
McGauran Puts One Over or Super
visors and Gets Away With 1t.

Denver, May 15.--Llamdoodleism.
That is new word coined by Sup
ervisor John McGuaran. He used it
for the first time in the meeting Of
the board Of supervisors.
McGuaran did not explain the
word, put the board gathered that
to indulge in famdoodleism is to
''play to the gallery" McGuaran
xas escai)ing the telephone COM
paw. declaring that tho snosrvisors
had the right to regulate telephone
rates.
"And I am in earnest in this" said
MrGuaran. 81 am not indulg1ng
in flamdoodleism.
The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1911-05-19
Observation-Disclosures

AOkoANAA0VA-1 HN11hfo
I'm weary of Phyllis, and Maysie
and Chloe.
I'm tired of Maymie and Josye:
long for the names of the long.
long ago,
Like Maggie, and Sally, and Rosy.
I'm weary of rats" and of ''puffs,'"
and of pads"
I'm tired of paint and of powder:
long for the days when the mas
and the dads
Had voices than which mono were
louder.
I'm weary of Reginald Percy De
I'm tired of FitzSummerville;
l long for the names of the long
vanished years,
Like Dick, Tom, Jack, or plain
Billy.
I'm weary of 'peg-tops" and "heels
militaire,"
I'm tired of yellow-stained digits-
l long for the days when our boys
We're four-square,
And didn't give father the fidgets.
I'm weary of salads, and ices, and
ines,
I'm tired of gelatine shaky;
l long for plate of plain, old
fashioned beans,
And cut of pie-crust light and
flaky.
I'm weary of hoss-feed, near-coffee
and such,
I'm tired of mayonnaise dressing
l long for plate of the cheese we
called Dutch
And cornbread would come like
blessing.
I'm weary of sham, and of shine,
and of show.
I'm tired of routs and their gilt
| ter;
long for the days of the long,
long ago, /.
When life's sweets outnumbered
the bitter.
| I'm weary of hypocrites, liars and
shirks,
I'm tired of thieves masquerad--
ing;
long for the days we judged men
by their works,
And not by their noisy parading.
I'm weary of laws that are pur-
chased in blocks.
I'm tired of pressagent giving;
I long for the days when men stood
like the rocks
For home, and for God, and right
living.
1 I'm weary of bombast of forum and.
press,
| I'm tired of underhand scheming:
But to long for chance-it is idle,
guess
But, gee! there's great fun In Just
dreaming.
will Maupin in the Commoner.
The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1911-05-19

KnOW W0H you are counting
i viii not tell you. You will
ere long IN common with all :
Id
- iti' cried NJ Clergeot Il
II. sou are going TO marry. rou
nxve round an heiress. OF course. Your
itlle Jul cite told me something OF
tho sort this morning. All! you a.e
going 10 marry. She has a full purse.
d ed So you are going to start home
q Il your sown?'
did not say so.'
ma, right. Be discreet But
81 csn take hint. One word more Be-
rare Of the storm; your little woman
8 nas suspicion of the truth. You are
y right: II wouldn't do TO Be seeking
& snspey tsoW. Marry and settle down
"a ~ - rio q Js;s;etf4L = I ko..-.
The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1911-05-19

SAOu6AV NA. OoOulOAs Wu0A kA0 N1EOAe
er entered his Office.
Albert was no longer the despairine
man, who, the night before, bewilder-
ed with the multiplicity of charge,
surprised by the rapidity with which
they were brought against him, ha !
writhed teneath the magistrates gaia
ana appeared ready to succumb. IN
uocent or guilty. he had made up h.
Lind how to act. On beholding him
ne magistrate understood that he
would have to change his mode OF at
tack. He therefore gave up his former
tactics, and attempted to move him by
kindness.
But he wasted his eloquence. Al
bert appeared in no way affected. His
answers were of the shortes.- He be-
gan and ended as on the i"it .cca-
sion. by protesting his innoce1
Nj. Daburon passed all 81 y
listening to the reports of the g.
uves he had sent to Bougival II
they could report nothing new. They
al thought it their duty, however, t,
inform tho magistrate that another
inquiry was going on at the same time
as theirs. 1t was directed by M. Tab
aret, who personally secured the coun-
try round about in cabriolet drawn
by . very swift horse. He must have
acted with great promptness; for, nc
matter where they went. he had been
there before them. He appeared t.
haxs andAE his ordsas . dozen mSn
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-09
OREGON SUPREME COURT DECISIONS
y Text Published by Courtesy of F. A. Turner Reporter
Supreme Court

water constantly flow, and is incapa-
BILE of sustaining any superadded
weight; rendering any attempt to
make fill thereon dangerous, all of
which facts defendant we'll knew;
that the marshy character of the
gulch, its declivity, the proximity of
plaintiffs property and the apparent
danger of a slide made it incumbent
upon the city, prior to adopting any
plan for improving the ravine and
before the work was commenced, to
ascertain the depth of the swamp to
solid earth If any, and to determine
whether the foundation was sufficient
to sustain any imposed weight, but
it neglected to make any inspection
or to provide any means to prevent
a displacement of earth; that the
council adopted a resolution declar-
ing an intention to improve Irving
avenue from the west line Of Eight
eenth street easterly, directing the
city surveyor to prepare plans, speci-
fications and estimates of the i'm
provements, the cost of which was to
have been betrayed by local assess
ment of all property within a speci-
fled district; that without investigat-
ing the premises the surveyor filed
with the auditor plans and specifica-
{ tions which by reason of defendants
negligence failed to provide for the
flowing water, or to drain the land,
or to make safe foundation for the
fill, or to construct a bulkhead; that
an ordinance was passed limiting the
time and prescribing the manner OF
doing the work, but did not provide
for any plan for the embankment
the enactment demanding that the
improvement should be made accord.
ing to the plans of the surveyor and
under the defendants supervision;
that pursuant to the ordinance a con,
tract was entered into by the city
with W. A. Goodin, who, beginning tt
perform the work according to the
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-09

plans and specifications of the sur
veyor and under the defendants d.
rection, negligently placed on the soft
earth in the gulch a small wooden
fume and thin iron pipe to carry
OF the water, and by heaping clay on
such conduits, without preparing any
foundation, or retaining wall, or
draining the ground the pipe and
fiume settled, and with knowledge
thereof defendant negligently caused
to be placed on the fill large addi-
tional quantities of earth which i'm
mediately sank, causing stones,
stumps, trees and other material to
be forced down upon and over plain
tiffs property, injuring it to the ex-
tent Of $4,000, for which sum judg-
ment is demanded.
The answer denied the material
averments of the complaint and al
legged, inter ALA, that the plans and
specifications were carefully and
skilfully prepared by the city sur
veyor filed with the auditor and ap-
proved by the council; that the fill
was made without any negligence on
defendants part and every precau-
tion was taken to prevent injury,
Notwithstanding which, a slide oc-
Cured that could not have been pre-
vented by reasonable foresight or in
vestigation; and that the improve
ment was made for the use and bene-
fit Of the public and any injury plain
tiff may have sustained was the re-
suit Of an accident and not occasioned
by defendants fault or negligence.
A reply put in issue the allegations
of new matter in the answer and the
cause being tried without a jury, the
court made findings of fact and of
law conformable to the averments Of
the complaint, except that the dam
ages suffered were only 1915, for
which sum judgment was rendered
for plaintiff, and defendant appeals.
Moore, J. SThe alleged failure to
adopt a plan for the proposed i'm
provement and defendants averred
supervision of the work will be con-
sidered. To render these questions
intelligible requires a more detailed
statement of factst hat has been here
in-before given. The resolution
adopted by the council declaring an
intention to improve Irving avenue
required the city surveyor to make
and file with the auditor plans and
specifications for and estimates Of
the work and provided that any mat
ter of construction or drainage found
necessary to make the improvement
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-09
FACE THREH

ever been known in that vicinity and
that he was never informed so far as
we can determine, of the existence Of
the fissures which Goodin saw.
It was not difficult for the expert
engineers who examined the prem
ises after the injury accurately to
state what precautions should have
been taken. 1t will be kept in mind
that the conditions presented to their
attention were very different from
what were seen when the city cur
veyor made his observations, and In
view thereof and Of the further fact
that the city employed a competent
engineer, we think there was not such
negligence in adopting a plan as to
render the defendant liable.
The remaining question is whether
or not the improvement was made
under defendants direction as alleged
in the complaint The execution Of
the plan is a ministerial service and
for any negligent performance thereof
liability attaches The contract did
not stipulate that any officer of the
city should direct the manner by
which the fill was required to be
made. The specifications contained
a detailed statement Of what the en-
bankment. should be when finished
and constituted guide for the per-
formance OF the work. 1t was stipu-
lated that the improvement should be
constructed and completed to the sat-
isfaction Of certain city officers. This
clause probably authorized them to
inspect the work until it was finished
to see that It conformed to the re-
quirements of the contract. The
satisfaction" referred to evidently
meant a legal approval of the i'm
provement, and II the work had been
performed in substantial compliance
with the stlpulations the law would
hold the officers satisfied.
The resolution declaring an inten-
tion to grade the avenue provided
that "any matter of construction and
drainage found necessary to make the
improvement safe or substantial shall
be done by the contractor, whether
: specified or not, without extra
/ charge" The committee on streets,
. who with others were to be satisfied
/ with a performance of the work, de-
} manded Of Goodln the placing Of a
: box drain under the fill, and he COM
. piled Herewith. The right to exer-
else any direction respecting a per-
= formance Of the work seems to have
: been limited to necessary drainage
and it is quite certain that the means
4 adopted for that purpose at the sug-
t gestion Of the committee on streets
1 did not cause the injury, but that the
g slide was probably occasioned by at.
: tempting to make the fill. The de-
e fendant did not reserve any super
g visory control over the improvement
y nor any discretionary power over th'
n contract itself, which restrictions are
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-09

Goddard V. Inhabitants of Harpswell,
80 Am. Rep. S7S, 379; Chicago v. Nor
ton Milling Co., 1876 IL. $50; Lansing
". Toolon, 81 Mich. 1852; Defer V. De-
troit, 81 Mich. SAG; Mcdonald V. Du-
luth SO MINI. 2O6; Waters V. Omaha,
rs Neb. S55. The exemption Of
municipal corporation from liability
from injuries resulting from errors
or defects in the plan of public work
is criticized by text writer who, in
referring to decisions upholding the
principle, says: 1--WE think, however,
that the rule is too broadly stated in
these cases, and that there are in
stances in which a city may be liable
for injuries caused by defects in the
plan of street or sewer. 1t seems
to us that a distinction should be
drawn between those cases in which
the defect in the plan arises from a
mere error Of Judgment and those In
which the defect arises from negli-
gence in devising or adopting the
plan" Elliott, Roads & Streets
I'D Ed) Sec. 47S. In the succeeding
section the learned author elucidates
this animadversion by the following
statement: "If the city has obtained
the professional advice of one skilled
in such matters, and has used due
care in selecting its adviser, it will
generally be free from liability II, in
consequence of following such advice,
the structure, or other Improvement,
as the case may be, turns out to be
defective"
We concur in what Judge Elliott
has said respecting a sewer for the
rule seems to be that for defect in
a plan therefor, in consequence Of
which an injury results, the city Is
liable for ensuing damages. Plain.
tiff's counsel cites many cases in sup
port of this principle but no refer
ence thereto will be made since 1t Ii
believed they are not in point, be-
cause the improvement Of an un
! opened street is an exercise of gov
ernmental power by a municipal cor
poration as the agent of the state ant
made for the benefit Of the genera
public, while the building OF sewel
is more in the nature Of an assertion
of proprietary right by a city TO
the use of Its own citizens in whlcl
the inhabitants of state at larg
can have but little interest. Denve
v. Rhodes, Colo 554; Donahoe '
Kansas City, 1876 Mo. 657.
In order to devise proper plan de
fendant had the service Of its sur
veyor, who is a competent engineer
and in runAing the cross sectlo
lines to determine the amount of GU
i. and fill he examined the groun
where the Improvement was to hav
. been made and prepared specifics
| tions based on such investigation. W
: think his judgment respecting tn
( plan was all that could reasonabl
} have been required from an inspectio
/ OF the then condition of the soil, whe
. 1t is remembered that no slide ha
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-09
IoseUh GiacOni VS.. The City Of As
tOria, CIatsOp County.


Joseph Giaconi, respondent, v. The
c,tv of Astoria, appellant. Appeal
from the circuit court for Clatsop
couuty. Hon. ]. A. Eakin, judge. j.
Hamilton. A. W. Norblad, for ap-
nellant G. c. Fulton for respondent.
lrgued and submitted January "a,
,s11 Moore, ]. Reversed.
This is an action to recover dam
ages for an injury to real property.
The complaint alleges in effect that
defendant is a municipal corporation,
authorized to grade streets within
It's boundaries and in devising plans
tor such improvement and in per-
forming the work, is required to ex-
ercise care and skill; that extending
east and west along the side of a
steep hill is Irving Avenue, high
way of that city, which is intersected
at right angles by Eighteenth street
and next east thereof by Nineteenth
street; that Grand avenue Is next
north of Irving avenue, and bounded
on all sides by these highways is
block number "a, in Shively's As
toria, 300 feet square; that immedi-
ately north of that block, but separ-
ated therefrom by Grand avenue, is
block number 13, of the same area,
the north part Of which extends into
the Columbia River; that plaintiff
owns a lot on the south side Of block
1S having two buildings thereon and
also owns another building erected
on the north side of that block; that
on block "a is a ravine extending to
Irving avenue, which gulch is about
50 feet below the ordinary surface of
the ground, 25O feet wide at the bot
tom from east to west in which direc-
ton it is nearly level, but slopes
abruptly to the north; that this hol-
low is swampy to an unknown depth
containing numerous perennial
springs from which large streams OF