davidaulloa/AmericanStories huggingface dataset:
The Bemidji daily pioneer., 1911-12-04
BUTTON FESTIVAL BEGINS
Hundreds of Exciting People Flock
to the Store to Match
Buttons. z
EXTRA FORCE WAITS ON TRADE

A button campaign that is causing
much criticism and comment among
the people of Bemidji, is being con-
Quoted by the Barker Drug and Jew
elry store. This special feature be-
gan in earnest today. s
Mr.. Barker said in answer to a
query regarding the new feature,
"Our store has been crowded all day
today and I believe that I have found
one of the best ways to get people
into my store that have ever heard
of. The plan is this; we have had
distributed all over the city some of
these little red numbered buttons.
The people are only supposed to
have one button to start with and for
4 additional buttons they are en-
titled to one of the souvenirs. These
buttons must be secured through the
medium of the store and not secured
promiscuously. With each purchase
of $1.O0 they are entitled to an adj
ditional button.
"Throughout the entire store there
are many articles numbered, the
number corresponding with some of
those distributed freely or given out
with S purchases. These numbers
will be changed from day to day so
that if a customer does not find his
number of an article today he may
find it there tomorrow or the next
day or next week.
Mrs. w. A. Carter of Mill Park,
appeared at the store shortly after
noon today with duplicate number,
7ss9, and was given a $500 hand
painted bon-bon dish. s*5#
The Bemidji daily pioneer., 1911-12-04

There has been no attempt up to.
the present on the part4of the Turk
ish government to consider any fac
tory or labor laws.
The Bemidji daily pioneer., 1911-12-04
Hospital Sisters Thank the Public

Hospital Sisters Thank the Public.
The sisters of the st. Anthony hos
pital have received many responses
to their Thanksgiving letter and
wish, through the columns of the
Pioneer to thank all who SO literally
gave.
Cincinnati. O., Master Bakers, as
sociation has decided to test the con-
stitutionality Of the law prohibiting
basement bakeries. #ss
The Bemidji daily pioneer., 1911-12-04

In the last two years the machin-
lists have had 152 strikes and the
great majority of these were won.
The Bemidji daily pioneer., 1911-12-04

F. y .t- r.
The appeal Of Albert w. Wolter.
from his conviction of murder in the.
first degree Of Ruth Wheeler in New
York came up for argument before
the Court of Appeals at Albany, N:
Y, today. Wolter has been an in
mate of the death house at Sing Sing
prison the past 1S months. His
crime. was committed on March %,
1910. He lured his victim, a girl Of
Is years, to his room on the pretext
that he wanted to hire her as a
,stenographer. After making Grim
5inal attack on the young girl he is al
legged to have strang1ed her to death
and then disnembered and partly
burned her body, which was later
discovered in the fireplace.
The Bemidji daily pioneer., 1911-12-04

The weather: continued fair;
moderate temperature Tuesday; light
variable winds
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-09-29
New tuberculosis Remedy
Based on Medicine

To say that a specific exists for the
cure of Consumption is perhaps too strong
statement, but in Eckman's Alternative
we have medicine that has been the
means of saving many a life to years
of usefulness, and in permanently curing
large number Of COnsumptives.
Certainly a person afflicted with a vast
ing disease should he well fed with
wholesome, nourishing food, but fire.
quenfly raw eggs In quantities cause a
digestive breakdown, and then no food
nOurishes. As for milk. a very good food
for many, but producer Of biliousness
for some.
Any diet that keeps a Consumptive well
nourished is the right one, but what Is
going to cure the patient?- Eckman's Al
terative has cured and is curing many
case Of Consumption. Let those speak
who know Here is specimen:
80 Savannah St, Rochester. n. Y.
Gentlemen: On June 3, 1907, was
operated upon for Tubercular peritoni-
tis,- at st, Mary's Hospital, Rochester,
y, \. After the operation my physician
gave me up as hopeless. | was then
urged by priest to take Eckmans Al
terative, which l did. My weight at the
time was - lbs. / began to improve and
steadily gained In health and strength.
| now weigh l25 lbs, and am absolutely
cured. Relieving | owe 1t to myself and
others l make this statement"
CSigned Affidavit EDNA FINER.
Eckman'S Alternative is effective in Bron-
chitis, Asthma, Hay Fever; Throat and
Lung Troubles, and in upbuding the
system. Does not contain posOns, opiates
or habit-forming drugs Ask for booklet
OF cured cases and write to Eckman
Laboratory Philadelphia. Pa. for more evil
denee For sale by all leading druggists and
j. c. Perry, Salem, Oregon.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-09-29

junction II the said court finally de-
eide that the said plaintiffs were not
entitled thereto" Thus the liability
is made to depend upon the ruling of
the district court, and this is accord
ing to the requirements of the stat
ute. In the case Of Houghton v. Mey-
er, the United States court distin-
guishes between an interlocutory in
junction and temporary restraining
order, under Sec 71S U. S. Statute,
providing for a restraining order, un-
til the hearing of the motion for an
interloeutory injunction. In that case
1t is held that the injunction was
given to secure the defendants
against the loss because OF a tempro
ary restraint, but the court say:
"As We have seen, an interlocutory
injunction is usually granted until
the coming in of the answer or until
the final hearing of the cause, and
stands as binding restraint until
rescinded by the further action of
the court" See also High on Inj.
Sec. 3.
In Dodge V. Cohen, IA App. D. C..
5S2, it is seld, that the injunction re-
mained in force after the final hear
ing in the circuit court, and that as
long as 1t remained in operation, the
undertaking remained in force as a
means of indemnity. Some of the
text books seem to have followed the
California decision, but fail to note
the language of the undertaking,
limiting the liability to the time of
the final order of the district court.
However, in a very recent case, Col
umbia Amusement Company v. Pine
Beach Inv Corp. 1O9 Va. 325, the
question here involved was directly
before the court in which the coun-
sci for plaintiff in error made the
same contentious as are made by the
defendants here. The court says:
This seems to be a very narrow in
depreciation of the injunction bond.
By its terms the obligors therein be-
came responsible to pay all such
costs as may be awarded against the
said plaintiff and all such damages
as shall be incurred in case the said
injunction be dissolved. 1t specif-
cally embraces all costs and all dam
ages. The circuit court had required,
as condition to granting the relief
which the Columbia Amusement
Company prayed for, that it should
execute a bond; upon the faith of
that bond the injunction was grant
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-09-29

dered harmless. 1t was not error to
authorize the Jury to find for plain
tiff for the whole loss.
(4) 1t was also assigned as error
that the court authorized the Jury 10
consider and allow plaintiff the
amount of the depreciation in value
of the hops between the time the in
junction was issued and the time the
suit was finally dismissed, as there
was no evidence showing the value OF
the hops on the date the suit was
dismissed March 19, 1909, the in
struction not being restricted to the
issues made in the pleading. The
hops were sold on the 10th of Janu-
airy, 1907, and plaintiff alleges that he
received S1064 on May %, 1908, from
the sale of the hops, and asks judg-
ment for the difference between their
value on the 29th Of September, 1906,
and the amount he so received. De-
PENDANTS are not prejudiced by this
instruction. They could not return
the hops to plaintiff on March IL,
1908, or at any time after January
16, 1907. Therefore, if the hops were
worth more on March II, 1908, than
on January 16, 1907, defendants can
claim no advantage of it as the hops
had been converted by them. If the
value of the hops was less on March
II, 1908, than on January 16, 1907,
plaintiff was not entitled to prove
that fact, because he had already re-
ceived the price bid at the sheriff's
sale, representing a greater value.
In fact, the proceeds of the sale
$1O64-was the value of the hops at
the time the suit was dismissed, as
the hops had been disposed of, and
the money took their place at that
time. If there was any error in the
instruction complained of it was in
defendants favor and harmless.
90 Error is also assigned in the
admission in evidence of the sheriff's
return upon the execution which
showed the price obtained for the
hops and intended as evidence of
their value at that time Although
the courts are not uniform in their
upon this question, we think
the weight of authority is in favor of
the admission in evidence of the
price obtained at an execution sale of
personal property as constituting some
evidence of the value of the property
at the time of the sale, if it is not
made to appear that the sale was
made in an unusual way or under
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-09-29

which Of them owned the land. Re-
becca A. Moore, G. j. Moore and c..
Il, Nash were all required to sign the
contract and were bound by II to the
extent that their interest in the hops,
at least, and the lease under which
Nash was raising the hops, was made
by Rebecca A, Moore, and If, at the
time of the exemption of the con-
tract, she had conveyed the land to
G. j, Moore, 1t has no bearing upon
the contract, as he is also a party to
Il; and at the time of the issuance Of
the injunction he was the owner OF
the land and the hops, and was the
real party in interest, and is not es-
topped from SO alleging and proving
Defendants also urge that, by
plaintiffs answer in the equity suit.
he disclaims any interest in the hops,
and that he should now be estopped
from contradicting that fact AS we
understand the answer, the allega-
tons therein, as to the ownership Of
the hops, relate to the condition at
the time the contract was signed,
when Nash was the owner of the
hops, and not at the time the answer
was filed; and, therefore, was not a
disclaimer Of the ownership of the
hops at that time on the contrary,
by the deed of the land to him, and
by the assignment of the lease to
him he became the only party in In
terest TO the hops at the time the in
junction was issued, and is not es-
topped to so allege.
(S) Defendants contend that the
amount of plaintiffs recovery should
be the amount of the depreciation in
the value of the hops between Sep
tember 80, 1906, when the injunction
was issued. and December 81, 1906,
when the injunction was made per-
manent; and that the court erred in
instructlng the jury that "You are
entitled TO consider depreciation OF
the value Of hops. not only after the
decision in the circuit court, but un-
Ill II was finally decided in the SUI
preme court, and the mandate en-
tered In the circuit court" Defen-
dants contention would seem 10 be
supported to some extent by Webber
V. Wilcox, 45 Calf, sol; Lambert V
Haskell, so Calf, Gil; and Houghton
V. Meyer, 20S U, s. lt9. which is the
case OF Cortelyou V. EIoughton, 81
App. ID. c. lSS. removed to the SUI
preme court by writ OF error. The
condition Of the undertaking in the
California case (Webber V. Wileoxl
Is that the makers were to pay such
damages as such parties
may sustain by reason OF said in
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-09-29
CASCARETS WORK
WHILE YOU SLEEP
salts, Calomel and Cathartic Pills
Are Niolent-They Act on the
Bowels as Pepper Acts in
NOstrilS.

Take Cascaret tonight and thor
oughly cleanse your liver, stomach
and bowels, and you will surely feel
great by morning. You men and wo-
men who have headache, coated
tongue, can't sleep, are bilious. nerv-
Gus and upset bothered with a sick.
gassy, disordered stomach, or have
oaekache and feel all worn out.
Are you keeping clean inside with
CaSearets-Or merely forcing a pas
sageway every few days with salts
cathartic pills or castor oil? This
is important.
Cascarets Immediately cleanse and
regulate the stomach, remove the
sour, undigested and fermenting
food and foul gasess take the excess
bile from the liver and carry on the
decomposed waste matter and poison
from the intestines and bowels.
Remember, a Cascaret tonight will
straighten you out by morning. A
lO-cent box from your druggist
means clear head and cheerfulness
for months. Don't forget the chill
dren.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-09-29
FOR CONSTIPATION.
A Medicine that Does Not Cost Any
thing Unless 1t Satisfies.

The active medicinal ingredients
of Rexall Orderlies, which is odor-
less, tasteless and colorless, is an en-
tirely new discovery. Combined
with other extremely valuable in
gradients, it forms a perfect bowel
regulator, intestinal invigorator and
strengthener. RexaH Orderlies are
eaten like candy, and are notable
for their agreeableness to the palate
and gentleness of action. They do
not cause gripping or any disagree
able effect or inconvenience.
Unlike other preparations for
like purpose, they do not create
habit, but instead they overcome
the cause of habit acquired through
the use of ordinary laxatives, cathar-
tics and harsh physic, and per-
manently remove the cause of con-
stipation or irregular bowel action.
We will refund your money with
out argument if they do not do as
we say they will. Three sizes. soc,
25c and 10c. Sold only at our store
Rexall Store. ]. C. Perry.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-09-29
OREGON SUPREME COURT DECISIONS
Published BY Courtesy Turner Reporter Of the
Supreme Court

requires the action to be in the name
Of the obligees in the undertaking,
even though they be naked trustees.
See to the same effect: Browner v.
Davis, 10 Calf. 8; Fowler Y. Frisbie.
81 Calf. "a; Wason v. Frank, I
Colo. App. 541. Therefore, where the
undertaking was set out haec veroae
by exhibit In the complaint, 1t was
not fatal to the pleading to allege
that the obligors undertook to pay
plaintiff his costs and damages, as
the complaint alleged that he is the
real party in interest.
(2) 1t is contended by defendants
that, by the contract for the sale of
the hops, plaintiff solemnly states
that Rebecca A. Moore was the own
er of the land upon which the hops
were to be grown. It appears that
two days before the date the con-
tract the deed had been executed by
Rebecca A. Moore conveying the land
to G. ]. Moore. Whether It had been
delivered or not on March 10, 1906,
the date of the contract, is not shown.
It was not recorded until June 2,
1909, but we deem 1t immaterial
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-09-29

ed; and by the decree of the circuit
court the injunction so granted was
perpetuated and remained in force
until dissolved by the decree of this
court Whatever costs and damages
were incurred and suffered from the
time the injunction was granted un-
I'll its dissolution seem to be plainly
within the terms of the Injunction
bond, and any other Interpretation or
construction would fall short of Sc
curing to party who had been him
dered and restrained by injunction at
the suit of his adversary compensa-
ton adequate TO the injury suffered.
We are of the opinion that this as
signment of error cannot be main
tanned That case is reported in 16
A, & f, Ann. c. 1920, 1922, in which
the note only cites the California
cases and Houghton V. Meyer. supra,
as holding to the contrary, and Off
Ger " Morrison, "a Or. 459, as sup
porting the main case. In the latter
case the only controversy was as to
the recovery of all the costs in the
case, but il was held that, by the
terms OF the statute, the undertaking
created a liability for costs incurred
after the temporary injunction was
made perpetual by the circuit court,
namely, the undertaking must be ito
the effect that he will pay all costs
and disbursements that may be de-
creed to the defendant. and such
damages, not exceeding an amount
therein specified, as he may sustain
by reason Of the Injunction IL the
same be wrongful or without suffi-
cient cause Sec. AZ l. o. l.. The
present case is good illustration of
the fact that the damage resulting
from the injunction Is not alone that
suffered prior TO the final decree of
the circuit court, but II is continuing.
At the time the writ was issued the
hops were worth lie per pound.
Hons are a commodity, the price of
which is liable TO suden fluctuations,
and there was in this case a great
depreciation in price Immediately af-
ter September go, 1906. BY the tenn
perary injunction this plaintiff was
held until his hands were tied BY the
permanent injunction. He was pre-
vented from selling at the top price
which he says he would have done.
or afterward until the injunction was
made permanent. The price may
have continued to decline after the
fnal decree in the circuit court and
the whole loss was suffered because
OF the temporary Injunction. but for
which the permanent Injunction
would have been prevented or rem
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-09-29
COL. ]. WATERMELON
REDINGTON IN NEVADA

Col. ]. Watermelon Rcdington, the
irrepressible pencil pusher, has one
of his captivating stories of frontier
experience in a recent issue of the
Reno, Nevada, Journal. ]. Water
melon belongs in Oregon, and has no
business down in Nevada, where the
Journal horse editor in his colthood
browsed on the succulent white sage
and waxed lee1 and sassy. The horse
editor feels that Jim and he should
trade, for he has no business in Ore
gon-only job.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-09-29

extraordinary circumstances. This
is the holding in New York: Montig-
mani V. Crandall Co., "a n, Y. Supp.
517; lS Ency of EV. 541; II Sedg. on
Damages, Is ed.) Sec. 495; III. Sedg.
on d. Sec. 1898; McCown Kitchen,
Texas (unreported), so S W. SOL;
Hildreth V. Fits, SO Vt. 6S4, There
fore, it was not error to admit in evil
dence the sheriff's return on the ex-
cution.
The judgment is affirmed.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-09-29
Common Colds Must Be Taken
Seri0uSlv

For unless cured they sap the vitality
and lower the vital resistance to more
serious Infection. Protect your child
rem and yourself by the prompt use
OF Foley's Honey and Tar Compound
and note its quick and decisive re-
suits, For coughs, cold, Group, whoop-
ing cough, bronchitis and affections
OF the throat, chest and lungs it is an
ever ready and valuable remedy. Re-
member the name, Foley's Honey and
Tar Compound and refuse substitutes.
The genuine is in a yellow package.
Red Cross Pharmacy (H. Jerman).
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-09-29

pain, ny nerves are stronger and / can
10 my own work. Lydia Z. Pinkham's
Vegetable Compound cured me after
everything else had failed, and l rec
ommend it to other suffering women"
-MRs. WN. SEALS, Ccj w. Howard St.,
Creston, Iowa.
Thousands of unsolicited and genu-
inc testimonials like the above prove
the efficiency Of Lydia Z. Pinkham's
Vegetable Compound, which is made
exclusively from roots and herbs.
Women who suffer from those dis
tressing ills should not lose sight of
these facts or doubt the ability of Lydia
E. Piukhams Vegetable Compound to
restore their health.
If you want special advice write
to Mrs. Pinkham, at Lynn, Mass.
She will treat your letter as
strictly confidential. For 20 years
she has been helping sick women
in this way, free of charge. Don't
hesitatc-Write at once.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-09-29

IS a great medicine of proven valve
for both acute and chronic kidney and
bladder ailments and for annoying
urinary irregularities. It is especially
recommended to elderly people for its
wonderful tonic and reconstructive
qualities, and the permanent relief
and comfort 1t gives them. L. Nc
Connell' III Catherine St, Elmira, N.
T., says: Five bottles did the work
for me most effectively and beyond
doubt Foley's Kidney Remedy is the
most reliable kidney medicine ever
made. Red Cross Pharmacy H.
Ierman).
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-09-29

in my SIDE, SICK
headaches and ner-
vousness. Ihad Ia
ken so many medi.
cines that l was
discouraged a nd
thought l would
never get well. A
friend told me of
Lydia E. Pinkham's
Vege table Com
pound and it re-
stored me to health.
I have no more
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-09-29
State of Ohio, City OF roiedo
Lucas County. ss.

Frank ]. Cheney makes oath ths!
he is senior member of the firm Of
F, ]. Cheney & Co., doing business -
the city Of Toledo, county and stam
aforesaid, and that said firm will pay
the sum Of ONE HUNDRED DOL,
LARS for each and every case o.
catarrh that cannot be cured BY tnS
use Of Halls Catarrh Cure.
FRANK J. CHENEY.
Sworn to before me and subscr1oeu
in my presence, this 9Th day OF De
cember, 1886. A. W. GLEASON,
(Seal) Notary Public
Halls Catarr Cure is taken inter,
nally, and acts directly on the 0loou
and mucous surfaces of the system
Send for testimonials free.
F. ]. CHENEY & Co.
Toledo, u
Sold by all druggists. 75c.
Take Halls Family Pills for COZ
stipation.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-09-29

Chamberlain's Colc, Cholera and
Diarrhoea remedy is today the best
known medicine In use for the re-
lief and cure Of bowel complaints. II
cures gripping, diarrhoea. dysentery,
and should be taken at the first un-
natural loosentss OF tht bowels. II
is equally valuable for children and
adults. 1t always cures. Sold by all
dealers.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-09-29

NATION
AND PAIN
Cured by Lydia E. Pinkham's
Vegetable Compound.

Creston, Iowa. was troubled for
a long time with Inflammation, pains
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-09-29

There are plenty of men who key
out of trouble themselves by the slln-
pie expedient of getting others IN.
Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1911-05-03
Look out for
Stolen Orders

Postmasters in Nevada have re-
ceived advices to be on the lookout
for. certain money orders that were
stolen from Station "B," Jacksonville,
Florida, on December 9, 1910. The
parties who stole the orders appeared
st. Paul on March 18th, where they
passed several orders. They next
showed at Portland, Oregon, on
April I'D, six orders being passed
The mode of operation is to forge
the money order with an amount
from SIS to 500, go to some store on
Saturday afternoon or evening, pur-
chase a small bill of goods and tender
the money order in payment, secur-
ing the balance in cash. In that way
the money orders do not reach the
postoffice before Monday of the fol-
lowing week, and, if they are turned
In at bank, as many merchants do
with this kind of paper, it is Tuesday
or Wednesday before the orders are
lildlly pl leStlleu 10 the pOStOIIlCe IOT
final payment.
A description of one of the men,
according to the report, states that
he is about 40 years of age, five feet,
nine inches in height, weight about
1876 pounds, smooth shaven..full face.
dark complexion, gold crown on
front teeth, wore eye glasses. looks
like a well-to-do farmer.
If any money orders purporting to
have been issued from Station "B,"
Jacksonville, Florida, and bearing
numbers ranging from 1908 to l22OO
are presented to merchants in pay
ment for goods the party presenting
them should be a once arrested and
the postal authorities notified 1t is
thought probable that the parties
wanted will operate in California and
Nevada.