davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-06-15
Supreme Court

Bismarck Water Supply Company,
corporation, respondent, VS.. City of
,, Bismarck, municipal corporation,
appellant.
The City of Bismarck in May, 1886,
passed an ordinance granting to the
Bismarck Water Company, its sue
cessors or assigns, license to lay
and maintain water mains and pipes
/ in the streets Of such city for the
period of twenty years for the pur'
pose of distributing water throughout
the city for sale to such city and it's
inhabitants. Pursuant thereto such
| water company constructed and es'
tablished a water system and water
works and maintained the same until
the year 1898, at which time it was
sold and assigned it's franchise, to-
gether with it's water plant, mains,
pipes, etc., to the plaintiff, and the
latter has maintained such plant at
all times since such date.
Prior to the expiration of such
fran franchise, and in May, 1905, de.
fendant city passed an ordinance
granting to plaintiff new franchise
for the period of twenty years to take
effect at the expiration of the old
franchise, and which ordinance ex-
pressly provided that in case Of a
change of grade the city should re.
imburse the plaintiff for the expenses
incurred by it in changing and relay
ing its mains and pipes necessitated
h., nh n
suant to such ordinance an express
contract was entered into between
said parties embracing, among other
things, an express stipulation to the
like effect.
Held, LIST. That such ordinance and
contract are valid and enforcible and
the city did not exceed It's powers in
obligating itself to reimburse plain.
tiff to such expenses.
End. That suci ordinance in this
respect is not retroactive but pros
pective in its operation, although it
applies to mains and pipes which
were were laid during the life of the
old franchise.
3rd. That under the provisions of
such ordinance and contract the city
is liable to the plaintiff for such ex.
penses, whether the change of grade
is from grade already established
by ordinance, or merely from a nat
ural grade.
4th. That the obligations thus as.
sumed by the city do not create an
Indebtedness in excess of the consti-
tutional debt limit. Such stipulation
created no Indebtedness but merely
a contingent future liability.
(Syllabus by the court.)
Appeal from District court of Bur.
leigh county, S. l.. Nuchols, special
judge.
From a Judgment in plaintiffs fov.
or on the pleadings defendant ap.
pea1s.
Affirmed.
F. H. Register of Bismarck for ap.
pellant.
Newton, Dullam & Young, of Bis.
N. D., for respondent.
Opinion by Fisk.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-06-15

Peter G. Hagen, of Waterville, Iowa,
spent Thursday with his brother
Chief Clerk Melvin G. Hagen of the
department of agriculture and labor.
Mr.. Hagen was in Fargo for the
twenty-third annual convention Of the
United Norwegion Lutheran church
of America. He returned to his home
In Iowa Friday, having greatly en-
joyed the big Fargo meeting and the
short visit at the state capitol.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-06-15
mandan Dept.
Mandan Will Win Tomorrow


Mandan's baseball team is going
to Bismarck tomorrow with the firm
intention of trimming up tie capital
city bunch. The game was arranged
for the middle of the week and the
local boys have spent the time since
in getting in trim for the fray. It
is not known exactly what lineup
Mandan will play, but it is practic.
ally certain that Tom Arthur will
top the mound, while Melvin Bull
will man the receiving end of the
battery. A large number of rooters
have expressed their intention Of
taking in the game. No. at 1855
and No. at $3.50 afford excellent
train accommodations. 1t is planned
for Bismarck to play in this city a
week from Sunday.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-06-15
TO GRAND FORKS

Supt. E. J. Taylor accompanied by
his two sons left yesterday for Grand
Forks. While in that city Supt. Tay-
lor will attend a meeting of the
Grand Forks school officers. From
there he will 60 to Langdon for q
meeting of the Cavalier county school
officers and from Langdon he will
go to Minot and Williston for the
Ward and Williams counties sum-
mer schools.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-06-15
NARROW. ESCAPE

Chas. White, who is employed in
the Adam Sailer barn, had mar
row escape from serious injury last
Saturday, when team with which
he was hauling lumber ran away.
The rear wheal of the wagon passed
over Mr.. Whites head, bruising him
quite severely. After circling around
several buildings the team ran
against a Telephone pole in front OF
the Owl pool hall and were caught
Stanton Republican.
Mr.. White came down to Bismarck
last night and will spend few days
here,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-06-15
Picnic for Candidates

1t is said that numerous candidates
for county and district Office re-
quested it, but however that may be,
the ladies aid of the Lutheran
church will hold big picnic in their
newly erected church nine miles
southwest of this city on Sunday,
June %, at which all of the candi-
dates will be present to meet the vot-
ers and get in good word for them
selves an their colleagues. The lad:
les are going to do the thing up right,
VITA big banquet at noon. The pub.
lie for miles around has been invited
to in attendance. A host from this
city will be present.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-06-15
Socialists to Omen camn,ion

CHICAGO, June 15.-The national
committee Of the socialist party is ar.
ranging for a big demonstration in
this city tomorrow to mark the for
NAL opening of the national cam.
paign. Eugene v. Debbs of Indiana
and Emil Seidel of Wisconsin, can
didates for president and vice presi.
dent of the United States respective
ly, are scheduled as the principal
speakers.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-06-15
WILL ATTEND INSTITUTES

State superintendent Taylor Leaves
For Trip In Northern Part
Of the State
State Superintendent E. J. Taylor
departed Friday morning on delayed
No. for the northern part of the
state, where he will attend teachers
institutes at Langdon and Williston.
He will also attend q meeting Of the
school officers at Minot.
Supt. Taylor was accompanied by
his sons Edwin Jr., and Herndon,
who will spend their summer vaca.
ton on the farm of their uncle q
short distance from Grand Forks.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-06-15
Capitol Run

Notarial commissions were issued
by the department OF state today to-:
w. C. Secor, of Valley City.
A. F. Greffenius Of Mott.
Ferdinand Leutz of Hebron.
Fred A. Ernst Of Minot.
H. Erickson of Buxton.
A. C. CroWl of Fargo
Chas, Bohart of Rhame.
Chas. Beers of Wimbledon.
A. R. Battle of Omemee.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-06-15
SlLO ON TRAIN

The state dairy department sent
their model concrete silo with the de-
monstration train that was sent out
by the Northern Pacific railroad this
week. The silo is attracting much at
tention as a great many North Da-
kota farmers are planning on build
ing silos and are eager for informa-
ton.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-06-15

weakening them to a greater or less
extent all along the line. On the
south branch the damage is worst,
the track having been washed quite
uneven for many miles. Large crews
of extra men are employed in keep
ing the line in repair to avoid pos.
sibl, accidents.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-06-15
Rain is Effectina Tracks.

Farmers may smile at the abund-
ant precipitation, and whisper "Give
us more" but those who are en-
ployed on tae track work of the N.
p. both along the main line and
branches, are having troubles of their
own, according to reports. The hard
soaking rains which have been COM
ing so frequently, are inevitably hav-
ing their effect upon the railroad beds
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-06-15
Wedding in White Mountains

BETHLEHEM N. H., June Is
The wedding Of Robert Won Mosch-
zisker, associate justice Of the su-
preme court of Pennsylvania, and
Miss Anne v. Macbeth, daughter OF
Mr.. and Mrs. George A. Macbeth Of
Pittsburgh, took place here this az
ternoon at the summer home Of the
brides parents. Rev. Natheniel D.
Pendleton of Pittsburgh cfficiated.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-06-15
Bay State Town $50 Years Old

celebration Of the 15Oth anniversary
Of the founding Of the town Of Athol
will be ushered in tomorrow morning
with anniversary services in all the
churches. Parades, band concerts,
athletic contests and historical exer-
cises will fill out the week.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-06-15
ATKINSON RETURNS

State Engineer Atkinson is home
from Upiam, where he went last
week to atten to official business mat
tiers in connection with the Mouse
River Drainage Project.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-06-15
VISITED APITOL
HAGEN's BROTHER HERE

Bern Lettering and brother, OF Stan
ton, were capitol visitors Thursday.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-06-15

capitol next Tuesday. Supplies for
the institutions will be selected at
this meeting and plans laid for GER
tain improvements to be made on
buildings and grounds.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-06-15
To Dedicate Cecil Rhodes Memorial

To Dedicate Cecil Rhodes Memorial
LONDON, June 15.-Earl Grey,
former governor-general Of Canada,
sailed from Southampton today for
Cape Town, where he is to dedicate
the memorial to the late Cecil Rhodes
recently erected on the side Of
Table mountain. Tie dedication will
take place next month on the annl-
versary of Mr.. Rhodes birth.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-06-15
HAGUE 70 help Bankers

THE HAGUE, June 15.-Important
reforms in International law and
practice relating to bills Of exchange
and bank checks are expected to re-
suit from the interpational confer
ence which was formally opened here
today. The United States as we'll as
the leading countries Of Europe and
the Orient are represented at the con.
ference.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-06-15

WILL PURCHASE SUPPLIES
A meeting of the members of the
board of control and the superintend-
ents of North Dakota penal and char
liable institutions will be held at the
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-06-15
Chicken Pot Pie
The Chefs Favorite

RyM,s. Janet Mckenzie Hill, Editor Of
the Boston Cooking School Magazine
Some folks think that only 'colored
mammies" can cook chicken, but trial
Of this famous chicken pot pie disproves
that assertion. Every member Of the
family will thoroughly enjoy it.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-06-15
The byrDe Abstract 0ffiC
National City Banks tooth Year
Bismarck Bank Building
Bismarck, N. D.

NUV 103e1kJ 0u0o 10' zHoC100
al City bank, which is the largest a.
nancial institution in the United
States will be 100 years old tomor-
row. The bank received it's first
charter June 16, 1912, and opened for
business a few months later. OF re.
cent years the bank has been con.
trolled by Standard Oil capitalists.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-06-15

Some of the 500 conductors held
before the federal court have been &C.
Quilted.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-06-15
PILES CURED IT HOME ~
NEW ABSORPTION METHOD

If you suffer from bleeding, itching,
blind or protruding Piles, send me
your address, and will tell you how
to cure yourself at home by the new
absorption treatment; and will also
send some of this home treatment free
for trial, with references from your
own locality If requested. Immediate
relief and permanent cure assured.
Send no money, but tell others of this
offer. Write today to Mrs. M. Sum.
mers, Box p, South Bend, Ind.
Twelve men went up from Hettinger
tn min the E1ks at Dickinson.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-10-11
How the Campaign Progresses
Progressive Democratic Republican
TO TAKE
STUMP FOR TAFT
Governor Tener, Former Cover.
nor Stuart and John Wan
amaker Will Also Speak.

PHILADELPHIA, Oct. Ex-senator
Penrose, Governor Tener. ex-Gover-
nor Stuart and John Wanamaker will
be among the speakers for Taft In
a vigorous campaign following the
purging of the Taft electoral ticket.
The speechmaking will begin in
earnest next week.
Mr.. Wanamaker has accepted an
invitation to speak at the meeting
of the Republican city committee
next Monday. He has offered his
services to the Republican National
Committee and will probably preside
at one of the large meetings in this
city.
Senator Penrose, smarting under
attack by the Roosevelt forces, will
the stump. He will make his first
speech here before the Y. M. c. A.
on October II, in a series of dis
cussions arranged by the association.
Before the end of the month he
will speak In Pittsburgh. He ex-
poets to make in all six important
speeches.
Governor Tener will speak first in
his home town, Chaleroi, and will
preside at a meeting in Harrisburg.
He has also offered to take as many
assignments as possible from the
Republican National Comittee. For
mer Governor Stuart's activities will
be in connection with the Union
League meeting, to be held in the
Metropolitan Opera House.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-10-11
COLONEL TURNS
ON La TOILETTE
Wisconsin Senator.
Duluth Crowds Give T. r.
a Noisy Welcome.

DULUTH, Mimi, Oct. 11.-Political
wiseacres hereabouts are now conced-
ing the State of Minnesota to the
Progressive party. A few weeks ago
IL seemed almost a foregVne concur
sion that II would be carried by Pres
ident Taft, but hat was before the
dyent of Colonel Roosevelt, who Is
attracting the largest audiences gath
cred by any political speaker since
the beginning of the campaign n
winning votes hand over fist.
In this city yesterday Colonel
Roosevelt experienced a graphic
representation of the prevailing SEN
timent. As he rode through the
streets thousands cheered him., ana
souvenir hunters, all but tore MS
clothes from his back. When ne
reached his hotel he was almost
mobbed, and to apppease the CROWD
had to appear in the corridor ana
make a brief address.
The colonel took his cue from these
demonstrations, and when he ad-
dressed the meetings that had been
arranged went at his opponents nam
mer and tongs. He slammed Gov
ernor Wilson in vehement language
for his attitude on immigration, de-
clarIng the Democratic candidate has
shown himself to favor Chinese labor.
The colonel is also paying his CON-
pliments to Senator La Toilette, al
though not calling him by name.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-10-11
Best Cured Man.

There was a man in u town.
said the one who told the story.
well, he was about the tallest n
thinnest mar l ever saw. He looked
to be about seven feet high. and l
believe he was pretty near 1t. One
day an odd character met him in the
street and stopped him.
Excuse me. SIR he began, but
have you ever had the dropsy?'
"'No,' said the tall men. with dig
nifty. I'VE never had the dropsy. Why
do you ask"
"'well.' said the odd character,
looking him over, beginning at his
feet and craning his neck as his
glance Travelled upward to take in the
entire altitude, L was just thinkin'-
IL you'd ever had the dropsy'-and
again his glance travelled all the way
back to the feet-'if you'd ever had
the dropsy.' he repeated. I was just
thinkin' you wuz about the best
cured man l ever seem"
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-10-11
oRoSScUP OUT FOR T. R.

NEW YORK. Oct. 11.-There was a
time when former Judge Peter D
Grosscup and Colonel Roosevelt did
not say kind things of each other,
particularly when Judge Grosscup
and his associates reversed the ac-
ton of Judge Kenesaw Mountain
Lands in having fined the Standard
Oil Company $29,24 900 five years
ago.
A rumor recently came out of the
West that Judge Grosscup had urn
Bull Mooser, and he confirmed 1t yes
terday at the Waldorf. The over
lures came from Oyster Bay. the
Colonel heard from a mutual friend
that Judge Grosscup was thinking
progressively" and he summoned
the Judge to the telephone and IN
sisted on Q visit to Oyster Bay.
Then" said Judge Grosscup. Col
mel Roosevelt said, Wen throw
away the old deck and oegin with
a new one and I've seen a good
deal of him since then"
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-10-11
Answers Motordrome Critics.

Answers Motordrome Critics.
To the EDITOR of the Evening Star:
| have been asked several times re-
Gently to sign my name to a petition
circulated by the people residing in
Vailsburg prohibiting motorcycle rae
ing within the city limits. The
aforementioned petition is, without
a doubt, the result of the Vailsburg
Improvement Associations wild de-
sire to improve their holdings in this
locality financially. plus a moral code
~propagated by the churches in the
same vicinity. This same petition
dwells on and makes the central
point the unfortunate occurrence of
eight people losing their lives. The
man who presented this petition in
forms me that the Motordrome is a.
public nuisance, inasmuch as it takes
him as long as an hour and a half to
get home on a Sunday afternoon.
South Orange avenue
Now, | know there are about ten
thousand people who enjoy. motor
cycle racing and bicycle racing, there
fore their presence in Vailsburg, plus
the facilities to take them away, is,
according to the petition. a public
nuisance. l know also thai this man
does not work Sundays and that he
seeks enjoyment and recreation in
some other part of the city and also
expects the facilities to take him
home to Vailsburg. This latter is not
a public nuisance. Why has it just
dawned upon the minds of a few peo-
pie that this particular enjoyment is
immoral and a nuisance, when only
about eight months ago plans were
filed for building the Motordrome and
about a year ago the Velodrome was
built. Both were erected under the
protection of the law and at great
expense. so that the public could
choose this amusement and enjoy II
and be comparatively safe. At thai
time there was no wall from the
people. There may have been q
whimper that the construction of this
track was a nuisance, but now 1t il
Objectionable. 1t seems to me thai
| these people consider an accident for
tunate for the proof of their ideas
and for the propagation of theiI
morals.
Now the plan is to prohibit enjoy
ment of this character because of rea,
sons given above and in a sense con
fiscate the property. / say confiscate
because prohibiting the use of prop.
erty amounts to the same thing.
am very much interested in this af'
fair, as a citizen only and would
like to see a counter action of cir,
culating a petition for signers to i'm.
press the judge who decides this cas-,
of the gross wrong against the man
agement of the Motordrome. whit
complied with the law in erecting thi,
track, as well as against the thou
sands of people who enjoy this par.
ticular sport: also IL a certain nam
Der of people desire to prohibit mo
tor racing on this track let these
same people provide a track outside
the city limits and reimbursethe man
ayers for the construction of the pres
emit one. +. 5. s.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-10-11

Geo. L. Record. less to take time
and space to argue against 1t.
The Democratic platform declares
for a tariff for revenue only, anu
holds that protection is unconstitu-
tional. Governor Wilson and the
party leaders leave the real position
of the party in doubt. Protection is
the policy of keeping out of this
country competing foreign goods.
Free trade is the policy of permitting
the free entry of such goods.
If protection is abad thing, 1t Is
only because 1t obstructs trade, and
the Democratic party ought to de-
clare that its object is to abolish
protection. Instead of this Governor
Wilson denounces the protection in
one breath, and then hastens to re-
assure the public hat he does not
mean free trade. and hat free trade
Is impossible under our system of
raising national revenues.
This is the vital defect of the
Democratic tariff position, and has
been for twenty-five years. Nothing
can be hoped for from a party whose
leaders are either so timed or so con-
fused in thought as to assume this
absurd position. When Governor VIII
son and the Democratic leaders pro-
test that they do not mean free trade,
it is an admission thai the protective
idea, reasonably applied, is n good
thing.
But ever if the Democratic party
wins, its representatives in Congress
and in the White House Will not be
able to agree upon the provisions of
a tariff bill. This is due in part to
this confusion of thought or cow
ardiee and partly to the fact that the
big trusts which benefit by our pres
ent extortionate tariff, by paying
money directly or indirectly to the
Democratic bosses. have been and will
be able to place in Congress enough
Democrats whom they control to pre-
vent any real tariff reduction.
While the . progressive element of
the Democratic party under Br. ans
leadership triumphed at Baltirlore,
the party itself was divided. The de-
feated reactionary bosses retired to
their several States III full control of
their local organizations. On the
Democratic ticket in these districts
boss-selected candidates will be
owned by the high-tariif interests.
The party Is, therefore, sure to be
divided If serious attempt is
made to do away with the plumber
which the interests represented by
the Democratic bosses now enjoy.
This is exactly what happened after
tho nor,nnrofv oarriod tho alAofiau Of
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-10-11
PLEADS
FOR BULL M0OSER
T. r. Followers Start Demon
stration at Democratic Rally.
Chicago Welcomes Governor.

CHICAGO, oct. 11.-Governor Will
son expressed himself as particularly
gratihed today at the reception given
him by this city yesterday. Fully
10, 900 persons made up the crowd that
greeted him at the station and lined
the streets as he rode from the rail-
road terminus to the Congress Hotel.
The governor is also pleased al the
progress of his campaign in the West.
He learned from his campaign man
ayers at the headquarters here that
the Democratic strength is growing
daily and that there is no reason
to fear a turn of the tide up to cleo
ton time.
Governor Wilson'S principal address
of the day was made at McVickar's
Theatre in the afternoon. AS he start
ed to speak q Progressive auditor in
the gallery tried to start a Bull Moose
demonstration. The police tried to
quiet him.
Don't put him out" the governor
ordered the officers. IF he's a Bull
Moose he's just the man l wan to
ak to-"
When quiet had been restored the
entered into a discussion
of his favorite topic-the trust plank
in the Progressive platform.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-10-11
Kaiser's Use of English.

English is said to have been the
employed at the recent in
terview, between the German en-
peror and the car. The kaiser has
more than once shown his preference
for our tongue as a a of COM
munication in circumstances where
German can't be employed At a ban
auet given On the occasion OF his first
state visit to The Hague the admiral
at the head of the Dutch navy ad-
dressed the imperial guests in French,
The kaiser replied in English. OBJ
serving that he vas a British ad-
miral and hat English was the most
appropriate language for seamen to
employ.-London Chronicle.