davidaulloa/AmericanStories huggingface dataset:
Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-10-11
DECISION Of
SUPREME COURT

The following decision Of local inter-
est has just been rendered by the su
preme court:
State of North Dakota in the supreme
court, October, 1872 term.
John McCarty plaintiff and respond
ent, vs.. John Kepreta, defendant and ar
pellant z
/. Plaintiff brought this action to OBJ
tain possession of personal property in
which he claimed special interest by
virtue of a chattel mortgage securing Al
note for $1,000 on which default had oc
Cured. The note was given to a banx
Of which the plaintiff was president, blu
he lived some 400 miles from the bank
and did not participate in the active
management thereof, which was left to
the cashier. The cashier made the loan
for which the note and mortgage were
taken. PLAINTIFF claimed to =, a holder
in due course. What the defense relied
| upon was that the note was given with
out any consideration whatever and that
the plaintiff being president Of the bank
| took it charged with knowledge Of the
facts which the defendant claimed was
| acquired by cashier in taxing the note
and mortgage. 1t was tried on this is
sue, verdict directed ror the plaintiff
and appealed to this court. The abstract
and brief Of appellant were filed Dec. 4.
1911. In April, 1912, appellant submitted
a motion for an order to remand the
case to the district court and to instruct
that court to entertain an application b.
him for an extension Of the time in
which to move for new trial on Il
ground of newly discovered evidence.
The evidence claimed to be newly dis
covered was the fact tnat the note was
tainted with usury, and the affidavit sui
mitted by appellant showed that he had
in fact received at least $500 as the con-
sideration for the note and mortgage.
Held:
1. That this court has power, and it is
its duty, when an appellant, in the
course Of proceedings. after appeal, dis
, closes in an unequivocal manner that hi.
defense in the trial court, and his GROUND
for appeal, were purely fictitious, an:
that he has never had any such defense
as pleaded, and that the issues tried IL
+. the lower court and involved in the ap
peal relate to purely abstract questions
Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-10-11
COL. J. B. POWER OF POWER
D., QUOTED IN A-AGAZINE
INTERt 1EW.

Porterhouse steaks will continue to|
sell at 50 cents a pound at least for
another general, in the opinion of CO
J. B. Power of Powers, N. D. The day
of cheap beef, according to Colonel Pow
er is over, for the reason that the
ply Of beef cattle is not increasing in
proportion to the population and also be-
cause of the demand for choice cuts.
Reasons why beef should retail at 50
cents a pound are given by Colonel
Power in an interview by Frank Parker
stocl1bridge, author Of an article entitled
Beef, Thirty-two Cents a Pound and
Why" appearing in the October num-
Der O. the Worlds Work. The article
Clay of Chicago head of the commits
sion house bearing his NAME
The author Of the article descrihine
his efforts to find why he should
pay y cents for Ia pounds Of porter
house steak, first takes up the attitude
of the butcher, who says he makes
money selling porterhouse steaks. hu
loses money on inferior cuts. Next comes
Mr.. Clay, who tells of the tastes of aN
classes for the better grade meats. the
reasons for advances and finally the
conclusion, Colonel Power The interview
carries Mr.. Shortbridge to the colonies
Helendale farm, 40 miles out of Fargo.
The solution of the 80 cent porter
house steaks lies in the two conclud-
ing paragraphs Of the discussion be-
tween Colonel Power and Mr.. Short
bridge The uery and the colonies an
swer follow:
well, If you are not making too much
and the packer is losing money, anc
the retailer is only making fair prof
why am paying 80 cents a pounds TO,
the porterhou2se steak that cost me onl,
:. cents 10 years ago." I insisted
ut all comes back" replied Colo"
Power, ito the one law that congress!
has so far been unable to repeal
law Of supply and demand. There ar.
not so many cattle as there were ant
there are more people demanding beef
And long before there are enough cattl
bling raised to supply the demand
beef there will be millions more peopl
in the cities demanding beef. You v,
probably not live long enough to bu,
porterhouse steaks again for less thai
30 cents a pound"
Illustrating his solution Of high bee
which he holds due to the law Of sup
ply and demand, Colonel rover toll
his interviewer method he used t
determine the high cost Of beef:
IT made an investigation two year
ago to Judge whether your butcher VIZ
cheating you. I sold Is steers to Swi
& Co. at South st. Paul for 1884.
lowed one steer through the packin
house. Swift & Co., paid $50 for hi,,
The beef went to the retailer for srS
There were 76o pounds Of marketable
meat on tn ster, which the packers ~.
for at the rate of 10 3-4 cents a pount
. II found the retailer getting fractio
; more than - cents pound for til
whole carcass
Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-10-11
HANNA ENJOYED
THE |NO|AN FAIR

Fargo, N. D., Oct. S-Cong. Ii b. Han
ma reports a most delightful visit at the
Indian fair at Fort Totten though he
was there but a very short time. He
says it was one of the most successful
expositions he has attended in the state
this year and was especially high in
his praise Of the work Of the Sisters
school there.
"The fair is one of the best I have
attended in the state this year." said
Mr.. Hanna to Forum representative
this morning. 1.-THE Indian exhibits were
excellent and very attractive and the
site Of the grounds is one Of the most
ideal that could possibly have been ST.
lected for such a purpose.
the Fort Totten fair was astonishing ii
it's perfection. The work Of the Sisters is
doing a great deal Of good.
lone Of the especially good thin
which was brought to my notice viii
attending the Fort Totten fair was the
report Of the effort that is being mad'
to stamp out trachoma, which is fas
spreading among the Indians. This l.
now being most. effectually wiped out
which is something quite worthy o
commendation.'
Congressman Hanna will be In tn,
city both today and tomorrow as it
not expected he will start out on hi
weeks trip until Wednesday.-Farg
Forum.
Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-10-11
PRESBYTERIAN MEETING IS ON
TODAY DELEGATES SELECTED TO-
STATE SYNOD MEET AT FORKS

The Presbyterial meeting of the Min
newaukan Presbytery is being held here
touay, guests from ovr the districts be-
ing in attendance at the function which
consists mainly of business session to-
day, the social side coming this evening
with a banquet which will be served
the Sevilla at o'clock.
Delegates have been selected to tn
state Presbyterian Synod meeting which
opens at Grand Forks ThurDday OF thi
week. Mr.. Palmer being the delegate
and J. A. Hais the alternate.
The program for this evening at the
banquet includes music and toasts by
Rev. Coates, Morrison. Koehler. FAIL,
warne. Barron, Graham. and Mr.. George
e, Talmadge.
Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-10-11

and can have no bearing upon the actual
ghts Of the parties to refuse to con-
slider the errors shown on this issue.
g That in no view of the case, under
the facts presented by appellant on his
motion does the judgment appealed from
work him any injury or hardship, and
that this is particularly true when ap-
pellant confesses that he received, as
consideration for the note and mortgage
more than 81 900 in excess Of the value Of
the property taken in the action, as stip-
ulated by the parties, and when, under
the law Of this state in force when this
transaction occurred, the taking of us
ury did not render the note invalid.
(Syllabus by the court.)
Appeal from the Judgment Of the dis
trict court Of Benson county, Cowan J.
Appeal dismissed.
P. J. McClory and Stuart and Com
stock for appellant.
Buttz & sinness, for respondent.
Opinion by Spalding, c. J.
Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-10-11

Special to The World:
New York. Oct. s.-Fully forty thou
sand fans witnessed the first game here
today for the world baseball champion
ship between the Boston Red Sox and
the New York Giants.
Three thousand people gathered at the
grounds at dusk last night In order to
secure first seats in the bleachers.,
Mayor Gaynor Of New York and Mayor
Fitzgerald Of Boston sat together in an
upper box to witness the contest.
The game was called shortly after
o'clock the cold breeze which swept tn
grounds early in the day having fully
subsidized and a regular Indian summer
day prevailed this afternoon.
The umpires for today's game were
announced as KLEIN, Evans. Rigler an
O'Loughlin.
The batteries were Wood and Cady 70,
Boston and Tesreau and Myers for New
York, Crandall replacing Tesreau who
was knocked out in the seventh inning
Whenever impossible, on account 0,
bad weather or other causes, to play {
game on the day scheduled, the con
tending clubs will remain in the cit,
at which that game is scheduled unit
the game can be played. In event O.
such postponements the schedule Of re
naming games will be pushed forward
just so much.
At New York: Polo grounds. capaci
ty $4,000 seats.
Boxes a seats), s2s-on public sale il
advance.
| Upper grand stand 900 at $a-On
| public sale in advance.
| Lower grand stand Q5,000) at SO
sale at grounds only on day Of game.
Bleachers Q5,00C ato $1-On sale at tn
grounds only on day Of game.
At Boston: Fenway park, capacit
10000 seats.
Boxes, per seat Son sale in advanc,
Tickets must be bought for three game!
! Grand stand, Son sale in advance
tickets must be bought for three game!
Temporary stand, Son sale in &C
vance; tickets must be bought for thre
games.
/ Pavilion, $1-For sale on grounds.
l Bleachers, 50c-For sale on grounds
Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-10-11

Mandan, ~. D.. Oct. 7.-Col. I. N.
Steen has been signally honored. He
received a decoration from the king of
Norway and a commission from IL
grand Masonic lodge Of that country.
making him their representative to L
grand lodge Of North Dakota.
The DECORATION is a beautiful piece OF
the craftsman art. 1t is gold maltese
cross about two and one half inches
square, mounted on ribband of rec
watered silk. On ore s3do Of the
are mounted the Masonic compass ard
square and the ends Of the cross bars
bear the letters of the Norwegian lodt {
The reverse side bears the same letters
and ether insignias of the order.
The honor bestowed upon the loca
man Is rarity and is thoroughly ap
preciated by Colonel Steen.
Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-10-11
AUCTION SALE
IS ANNOUNCED.

Having bought the land and personal
property Of Ester Nelson. IL miles
west of Garske, we will sell the follow
ing described personal property on SAT-
URDAY, OCTOBER 10. commencing at
1880 a. M:
IA head of horses-Team bay mares.
years old, weight 200; team bay geld
ings, and years old, weight 5000 lbs;
team bay geldings, and years DID,
weight $3.50 lbs; team bay and grey
geldings, years old, weight 5000 lbs;
team greys, gelding and mare, and
years old. weight 200 lbs; one bay geld
ing years old weight 1000; one draft
mare colt, coming years old; two draft
mare colts coming years old. Two
mich cows; hogs; poultry.
Farm Implements-Gas engine and feed
mill; l new manure spreader; wagon
gearings, racks and tanks and boxes;
3 bob sleds; buggy; discs; 2 binders;
Acme harrow; new triple pillow gang;
2, two plow gangs; new double disc
drill; mowers; hay rakes; 8 sets of
drags and carts; 200 bushels oats; house
hold furniture; blacksmith outfit COM
plete; 10 sets work harness; sets driv
ing harness; log chains; scoops; forks;
scales and all utensils not mentioned
above necessary on farm.
Terms Of sale-A years time will be
given on bankable paper at 10 per cent.
| Lunch served at noon. An absolute
closing out Of every item.
MARTIN LARSON,
A. A. AARSBY, Owners
| v,lr uvr1o A,,of
Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-10-11
BEACH HAS FIRE
SATURDAY NIGHT

Beach, N. D., oct. ga loss or SIS. 0oo
was caused by fire in the office Of the
Beach Chronicle. the postoftice and sew
-eral buildings. The fire was discovered
at II o'clock Sunday night but every sf-
fort to stop it was futile the flames
having gained such Roadway that little
could be saved in the buildings.
Less than month ago the Beach
Chronicle office suffered severe damage
from fire and there is considerable mys-
terry about the origin of the two blazes.
The fire department did good work,
but all Of the incoming mail and much
of that ready to be sent out was des-
troyed. Only five sacks Of out going
mail were saved.
Local opinion attributes the cause of
the blaze to an explosion in the plant of
the newspaper but whether this is the
real cause could not be verified.
Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-10-11
Police OFFICERS RECEIVE WELL
DESERVED RAISE FROM CITY =
HURST APPOINTED AS CUSTODIAN

The city council did quick work last
evening in disposing Of the regular
monthly business, chief among which
aside from allowing the usual grist Of
monthly bills was the passing Of re-
solution which will put the Devils Lake
police department on higher salary
basis, each Of the police officers salary
being raised by the city the sum of SO.
Another important action taken by tn
council was the appointment Of William
Hurst as custodian Of the new fire hall,
This is indeed significant matter and
no better custodian could be secured.
Charles Russell chief Of the fire de.
partment was late in arriving on the
scene and no action was taken on his
Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-10-11
Will WELCOME
THE PREACHERS

Grand Forks, N. D., Oct. s.-Grand
Forks is preparing to welcome the Pres
byrerian State Synod meeting Oct. 10
to IL. The synod will open with an ad-
dress by Dr.. Charles Ryan Adams. for
merly of Fargo, now of Champaign, Ill.
the returning moderator. There will be
Speakers present from New York, Phila-
delphia, Chicago and Minneapolis
The Synod will be preceded by a con-
terence on the country church and its
problems. Rev. NJ. B. McNutt, who has
had considerable experience in building
up country churches will be present. The
conference will meet at 10 o'clock, Oct.
10. Rev. w. H. Kearns of Minneapolis
field secretary for the Northwest district
working under the board Of home mis-
sions of the Presbyterian church will
also be present.
| The Women's Synodical Missionary
society meets Oct. II and will hear ad-
dresses by Miss Alice Monk of Sapporo.
Japan, and Miss Upham of Alaska.
Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-10-11
BABY BURNED
BY THE FLAMES

Tioga, N. D., Oct. ga fire of I'M
known origin destroyed the house and
its contents belonging to B. Kitagawa,
a Japanese farmer residing about ten
miles northeast Of Tioga. Mr.. Kitagawa
was away threshing at the time and his
wife was engaged in doing some chores
around the barn when she discovered the
fire and fastened to the house to find
interior a mass of flames. A boy some
ten or eleven years of age and an infant
six months Of age were in the burning
building, the boy making his escape with
slight burns, while the infant was so
badly burned that it died that evening.
Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-10-11
GREAT INTEREST IN BANQUET
OF THE YOUNG MEMS REPUBLICAN
CLUB WHICH TAKES PLACE FRIDAY

Arrangements are being made rapidly
for the banquet to take place next Fri
day evening at the sevilla under the
auspices of the Young Mems Republican
club Of Ramsey county. The banquet
will be served by the ladies of the
Church Of the Advent and a complete
program of toasts and music will be
offered, including the perfection Of the
Young's Mems organization which is still
under the direction Of the temporary Of
ficers.
Congressman L. B. Hanna will be the
guest of honor and several others may
be invited to attend the function.
Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-10-11

Jamestown, Oct. Captain McGinnis
and his fife and drum corps reached
here Thursday from San Diego. CAL, an
will make Jamestown their headquarters
They are sent out under the auspices
f the chamber Of commerce Of S;
Diego to advertise the exposition to b.
held there in 1915 and Mr.. McGinnis :
their financial agent and manager fol
the chamber of commerce. The member
of the company are as follows:
Snare drummers-S. H. Hazeltine, Co
I, Thirteenth Illinois infantry, aged 6S
T. B. Howe, Co. I. Thirty-eighth Wis
consin, aged &C.
Fifers-George w. Wolfe, Co. L, Four
teenth Illinois cvalry aged 50; J. Fl
Stansbury, Co. A, 1S5th New York in
fantry and battery B. First New Yorl
artillery, aged u.
Base drum. S. Wilson, Co. i
Twelfth Michigan infantry, aged g.
Managers. X. McGinnis, Cooper
battery, aged 70.
Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-10-11
A MYSTERIOUS
DEATH Of GIRL

Minot, n. D., Oct. s.-Judge Murray
appointed coroners' jury composed Of
Orson Doe, John Burke and julius Vein
rebe to investigate the death Of Frances
Knapp Miss Knapp. 10 years Of age,
died at St. Joseph's hospital Sunday
evening after being i'll for but few
days She was removed to the hospital
from her home on East First street af-
ter complaining Of pains in her head.
Miss Knapp was waitress at the New
York Cafe and has lived in M1not for
about two years.
Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-10-11
WORKMAN NARROWLY ESCAPED WHEN
WALLS Of THE HA|C Z N|MM0
BAKERY CAVED IN YESTERDAY

That no one was killed in the
accident which occurred yesterday af-
ternoon at 4:30 o'clock at the Haig L.
Nimmo bakery was indeed miracle, the
entire back of the store where the bak-
cry is located falling distance of ten
or more, feet. The accident was caused
because the building was not sufficiently
braced. One workman barely escaped
with his life. Haig & Nimmo are put
ting forth every effort to supply their
customers until repairs are made.
Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-10-11
A "BU[[Y" IN THE CROWD CAUSED
CHARLES O0YON To CEASE THRESH.
ING AND BRING CREW TO COURT

To have threshing crew out Of bust
ness for day at this season Of thu
year, when every day counts, Is inde.
a hard situation, but such is the diff
Guilty which Charles Doyon has had to
contend with and the weather was not
to blame either. It was all due to tho
fact that there was . bully" in :
crowd who tried to beat up another and
Of course the entire crew was witness
to the affair consequently had to come
to court when the matter was aired be-
fore Judge Juergens this morning.
John Kelly was sentenced to 20 days
in the county Jail and so fine. having
attacked John Burke with a sock full
Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-10-11
SOCIALIST DAY
NEAR At HAND

The National Socialist headquarters Of
that organization has made October 10,
Socialist Day" and on that day Iec-
lures and speeches have been arranged.
In this city on Oct 10, Leon Durocher.
this district will speak at the Grand
opera house, in the afternoon. Mr.. Du-
rocher is an able. interesting speaker.
Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-10-11
HUNTER MAY
LOSE HIS ARM

Fargo N. D., oct. Sal Frisk, q years
old and blacksmith at Grandin, was
brought to st. Luke's hospital having
been shot in the arm while on hunting
trip. 1t is feared the arm will have to
be amputated.I
The accident happened as Frisk and
companions were about to start on a
hunting trip. They were in the buggy
when the gun was discharged in some
manner, the load taking effect in the
elbow. He was placed on train imme-
diately and arrived here last night. He
is resting as easily as can be expected.
Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-10-11
MAYV|LLE man
HAS CLOSE CALL

Mayville, N. D., Oct. s-Carl G. Thor
son, we'll known Trail county farmer
living near Mayville, is so badly injured
that he may die. He was cutting corn
when the horses attached to the binder
became frightened and ran away. Thor
son, in trying to stop the horses, YVES
thrown to the ground and the machine
passed over his body, inaicting internal
injuries.
Thorson laid on the ground, uncon-
scious, for some time after the accident
He has a scalp wound, three fractured
ribs, broken hip, and very bad bruises
over his entire body.
Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-10-11

of stones. He was big brute but Burke
bested him and came out victor giving
Kelly a severe beating. The first fra
cas- resulted over whose turn It was to
fill the tank, pitch forks were brought
into play and there was some fencing
Kelly had Burke arrested, but because
the threshing was in full swing quick
action on the arrest was not forthcom-
ing, and Kelly not satisfied made his
second attack on Burke yesterday. The
case against Burke was dismissed self
defense being very evidnt. Kelly at first
asked continuance, but realizing that
things would go hard with him he finally
decided to plead guilty to the charge Of
assault and was sentenced accordingly.
Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-10-11
WAR Declared BY MONTENEGRO ON
TURKEY--E|ERCE FIGHT ON FRONTIER
Special to the World:

Special to the World:
London, Oct. y-News agencies here
,day have given information out to the
effect that the tribesmen Of Montenegro
have declared war on Turkey, and the
fighting is said to be heavy along the
frontier. word having been received
here from Cettinge.
Nine brigades Of infantry moving from
Scutari to Tusy were charged upon by
the tribesmen last night and fighting
was continued even this afternoon.
Foreign legations here have receivd no
confirmation Of the reported war, news
paper correspondents in the Balkans
keeping very quiet,
Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-10-11
NEW PRESIDENT:
OF. FEDERATION

Fargo, N. D., Oct. Sat a meeting Of
the executive committee of the North
Dakota Federation of Labor at Assem-
bly, hail. on Sunday, N A Johnson was
selected to succeed Ralph Bates of Grand
Forks as president. Mr.. Bates recently
rendered his resignation.
There was meeting Of the Musicians
union at Assembly halls on Sunday at
ternoon.
Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-10-11

G. e. Sheldon has moved his ba
shop into III Fourth street and has in.
stalled new oven that will turn Out
5000 loaves Of bread daily. Today wa
the first day the new place was in ope,-
alton and everything was going nicely
Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-10-11
THE WORLDS CHAMPIONSHIP SERIES
OPENED TODAY BEFORE BIG CROWD
<+%++<%+<<<<+*~<

: NEW YORK NATIONALS VS..
+ BOSTON AMERICANS. .
All games begin at p. m. !
+ Today's game-First game Of the :
+ series at Polo grounds, New York. .
+ Wednesday. Oct. 9-Second game.
= at Fenway park, Boston.
+ Thursday, Oct. 10-Third game, at
I. New York.
+ Friday. Oct. n-Fourth game. at
I. Boston.
+ Saturday. Oct. 12-Fifth game. at
+ New York.
+ Monday. Oct. 14-Sixth game. az
+ necessary, at Boston.
= To be decided later-seventh
+ game. IL necessary.
+ Club first to win four games cap
+ lures tho title.
Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-10-11
I'M ROVEMENT ON
IN FULL Swing

The Goldberg & Sprung building front
is now being installed and the improve
ment it will make II very noticeable. /
cornice work being reached today. 4:
Wstern hotel lobby is also being re-
arranged. two large windows having al
ready been installed.
Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-10-11
REV. R|ES Of
FORT is SICK

Rev. Refs who for years has been in
charge Of the Episcopal church services
at Fort Totten is just now suffering
from a severe case Of cancer on his lip.
caused by being hit by piece Of WOOD
His condition is said to be critical
Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-10-11

Miss Hazel Toombs has been confined
to her home on account Of illness TO
the past several days and during he
absence Miss Frances Cowan has beer
teaching in her place at the Lincoln
school.