davidaulloa/AmericanStories huggingface dataset:
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-01-13
Decisions Of the Supreme Court

In the supreme court, state Of North
Dakota. October term, 1911.
In the matter of the estate Of Anton
e. Peterson, deceased. Zachariah
Davidson, as administrator of said es-
tate, petitioner and respondent, vs..
the unknown heirs of Anton e. Peter
son, deceased, w. H. Thomas as states
attorney of Benson county, North
Dakota, Herman Miesen and Dorothy
Miesens respondents; Alfred Andreas-
sen Ladehol, Halvor Nilsson, Nils An
~dreassen, Emma Alvilde Andreassen,
ct al, appellants.
1. After an appeal from county to
district court has within time been
perfected by the service of a notice of
appeal upon some of the parties litt-
CANT, and where a fatally defective
undertaking on appeal has seasonably
been filed in a good faith endeavor to
perfect such appeal, the county court,
under Sec. 1853 r. C. 1905, has juris-
diction of an application based on an
affidavit showing such good faith and
explaining the default to permit APP
pellant to file a new and sufficient nn-
dertaking in ieau OF the defective one.
2. Where the record on such an APP
peal has been transmitted to the dis
trict court and a motion is there made
to dismiss the appeal for want of a
legal undertaking, it is held that the
requirement of a valid undertaking, to
be served and filed as a step in the
appeal proceedings is primarily for the
purpose of security and as such the
fling Of an insufficient or void appeal
bond with the notice Of appeal vests
the district court with jurisdiction 10
order the record TO be remanded to the
county court that a sufficient bond on
appeal may be there approved and
filed and the record re transmitted TO
district. court,
8. Where such notice Of appeal de-
mards a trial de novo and the r~e-trial
Involves issues Of both law and fact,
as the determination Of the existence
of a foreign common law marriage
necessarily to be determined from evil
dence, it is triabIe on evidence to be
offered anew and not on the record or
transcript OF testimony and proceed
ings certified from county court; and
the last part of Sec. 1885 is not to be
construed az denyfng or limiting the
manner OF trial de novo in such cases
to a review OF the record OF the lower
court.
{. Such an issue is one triabIe in
district court as an equitable action
where q jury trial il not had.
5. Where so tried to the our the
record and the proceedings on appeal
from the district TO the supreme court
is governed by the sstatutes as to APP
peals in equitable actions. Where a
jury Is mad in the district court the
appeal therefrorn is governed by APP
peals from jury trials, following He'd
derich v. Hedderiehs I2S NV 2TS.
9. The statute vesting Ia the dis
tsict court 3uFisdiction, to try de novo
probate matters appealed from scounty
court is b c-oDstitutienal as violat-
ing section III of the constitution
Wk4trSF1F
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-01-13

10:30-Address, DR.. A. f. Woods. dean
agricultural college, University Of
Minnesota.
IL: 00-The Country Life Problem, A.
=. Chamberlain, development COM
missioner q. N. railw ay.
Afternoon Session.
l:30-Address, G. w. Randlett, direc-
tor extension department, North Da-
kotas Agricultural college.
z: 00-Human Nutrition, Prof. Jessie
M. Hoover, dean home economics de-
partrnent, "A. C.
2:S0-New Crop of Corn and DIVERSE
fed Farming, Chas. C. Connolly,
Devils Lake.
S:0O-Relation Between Rotation and
Fungus Diseases Of Plants, H. L.
Bolley, botanist, A. c.
FARM MANAGERS ASSOCIATION.
To be held at commercial club rooms
Thursday afternoon, Jan. IS.
1:30-Some Problems in the Manage
ment OF Large Estates, Chas. r,
Wright & Co., Fergus Falls, MINI.
1:5O-Management Under the Leasing
System, Chas. r. Wright, Fergus
Falls, Mimi, and Walter r. Reed,
Armenia, N. ID.
2:10-Ghe Place of Live Stock in Large
Holdings in the N. w, ]. A. Power,
Ellendale Stock farm.
2:30-Can Large Scale Farming he
Justified as a Benefit to Society.
Thos. Cooper, secretary Better Farm.
Ing association, Fargo, N. d.
WoMEN's DAY PROGRAM.
Thursday Morning.
9:00--Meet at agricultural collage
armory; inspection tour. Livestock,
Pet Stock and Poultry.
10:I5-Management Of the Com
sumptive in the Home, DR.. Van Els. at
veterinary building.
11:l5-Modern C~onveniences for the
Home, a demonstration, Prof. e. S.
Keene, engineering building.
12:00-Lunch served for out-of-town
women at Ceres hall by domestic
science class-free.
Thursday Afternoon.
1:30-Music.
The Farm Garden-Mrs. A. A., De-
vine, Mapleton.
Children on the Farn-Mrs. ]. r.
Getchell, Valley City.
Home Decoration-Miss Jacobson
agricultural college.
Music.
Good Roads, From a woman's view
Pcint-Mrs. Mary zetterberg, Valley
City.
Il:c Farm Woman Out OF Doors
AIRS, G. +. Amidon, Fargo.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-01-13

made, and he has refused to surrender
the possession of the land.
3. In an action to redeem from a
mortgage in possession, plaintiff is en-
titled to an accounting, from such
mortgage OF the rents and profits dur
ing the latter's occupancy of the
premises. and where. for any reason.
such accounting is not or cannot be
made. plaintiff win be permitted, In
lieu thereof. to recover from such mort
cages Ia possession of the reasonable
rental value of such premises.
(Syiiabus by the court.l
Appeal from the district court OF
Towner county Buttg. Special Judge.
Action to quiet title to land. Judg
ment for the defendants. Plaintfhs
appeal. Reversed.
Robinson & Lemke: J. E. Robinson.
for appellants.
Fred u Harris; Eaagerud, Holt &
Frame, for respondents.
Opinion bs Bruce.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-01-13

could bring together in the way Of
dessert.
The closing feature Of tile evening
was entirely characteristic of the time
and place. Bishop Ethelbert Talbot.
bishop OF the diocese Of wyoming and
Idaho, and well known throughout the
early west as the cowboy bishop.
delivered q sermon. his announces
n1snts Were stuck UP around town. Tile
usher was at the door ready for Huty
and he might have left with navst
Of the artillery ID camp If he had
cared to.
The e~nterprising bishop used 20 real
I've thousands os eoIfsrs III the est
and England for hts western work b.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-01-13

look at her later the little thing had
~smothered.
The big. beared boys OF a few mo
ments before stood around helplessly
and cried with the stricken parents.
When they got hack to Wallace a re-
ligious service that was In progress
was unusually well attended. That
baby had been the pride OF the camp
and they had lostit III their fun-mak-
Ing.
Christmas dinner was almost as im-
portant q part Of the celebration az the
tree. Everything was free and eyary-
body welcome. They had venison and
bear meat, good, substantial mining
camp coffee and-m1ateyeg the women
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-01-13

Persons troubled with partial paR-
alysis Z often yery much benefited
by n~3assaging the affected parts
thoponkblg when applying ClAmbey
lainss Lininaent. This iininaenf
relieves rheumatic pains. For sale lg
all dealers.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-01-13

exhibiting these pamphlets as proof III
9 wild and woody condition. And tfae
old timers still recall him gratefully
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-01-13
FRIDAY, JAN. 10.
Morning Session.

WUFHIHH NSWbI1H'
9:30-Fixing Land Values, e. s. De-
Lancey, Valley City, N! d.
10:O0-Labor Saving Apparatus for the
Farm Home, p. ". Collins, editor
Northwestern Agriculturist, Minne-
apolis, MINI.
Perth Amboy evening news., 1912-11-08
DISMISS MAN
WHO WAS HELD
Matawan Recorder Let Al
legged Shooter Go Free.
ypecaal to the EVENING NEWS.

Special to the EVENING NEWS.
Matawan, Nov. 8:-As no one
appeared against Carmino Caserta,
the alleged leader of the Italian gang
that is believed to have shot five
young men Tuesday night, he was
allowed to go free when arraigned
before Recorder Hilliard Lowe We'd
nesday night. The court room was
crowded at the appointed time and
the action in l~iberating the man
without so much as a hearing caused
considerable surprise. 1t is contend
ed that the police might have made
a technical charge sufficient to have
the man held for the grand jury. 1t
is doubted whether the recorder had
a right to dismiss the man held for
atrocious assault. Such cases are
for the grand jury. The people nat
urally eason that if such crimes are
to go UNPUBLISHED In this manner on
the mere technical point of none of
the victims appearing at the hearing,
what protection is there for the pub
lie? That five youths were shot is
known and two of them are seriously
injured and the man who was be-
lieved to be the leader in the shoot
ing now goes free and can escape to
parts unknown. The people are be-
ginning to wonder whether there Is
any law or justice in Matawan.
Perth Amboy evening news., 1912-11-08
FUR EDGING COMING BACK
Garnlture That May Be Made Very
ha.mIno Is Returning to
Popular Favor.

With our pretty round walking
skirts fur edgings are coming very
much to the fore again. although 1t
must be owned that the fur is as often
as not used with thin materials as 1t
Is with cloth and velvet.
For instance, there Is a charming
frock made of mousseline de sole in
two tones, the top and upper part Of
the skirt which reaches half way to
the knees, being carried out in rich
emerald green, while the rest of the
skirt rs in snuff-oolored m~ousseline de
sole with a border Of skunk. This Is
a very successful toilette, the color
scheme being both original and pleas
Ing. while the skunk lends 1t a special
note Of richness. In detail the gown
Is simplicity itself. the corsage join.
ing neatly at the throat where there
Is Y frill OF fine lawn. while the sleeves
are put into a seam just below the
urn OF the shoulders, and the fronts
are fastened with crystal buttons set
into Nttle bows Of dark brown velvet
Perth Amboy evening news., 1912-11-08
PLAN TOURNEY
FOR KEYP0RT
B0WLERS SOON
spooia. to the EVENING NEWS.

Keyport, Nov. 8:-Arrangements
are nearly complete for the running
off Of q bowling tournament on the
Brunswick alleys on First street un-
der the auspices of the management
The competing teams will comprise
the best material in the bowling line
of the past and present time.
According to the present arrange.
ment the teams to compete are the
Royal Arcanum, to be represented
by George S. Flyer, Charles Kruser
Asbury Campbell, George Post and
Judson s. Hopla; the Keyport Yacht
Club will be represented by Captain
Vadin Curtis, Thomas Brennan, Cecil
S. Ackerson, Lloyd Armstrong and
Henry r. Hopkins; and the Bruins
wicks, which will be looked after by
Richard Dawson, Winfield Maurer,
Thomas Dawson, Harry Disbrow and
William F. Eckhart.
The tourney is scheduled to begin
on Monday evening, November 18,
on which date the Royal Arcanum
and Yacht Club teams will meet, and
will terminate on Monday evening,
January 10. The tournament will
be one feature OF a number of good
treatS-in this popular indoor winter
the people of the borough
THaS1ave given to them at the
Brunswick aleys during the winter.
The public IS invited to attend all
matches and enjoy the fun with the
bows.
Perth Amboy evening news., 1912-11-08
Made Strike Too.

In an imperial city a criminal was
condemned to be beheaded who had a
singular itching to play at nlnepins.
While his sentence was p~ronouncing
he had the temerity to offer a request
to be permitted to play once more at
his favorite game at the place Of exc
cution, and then, he said, he would
submit without q murlnur. As the last
prayer Of a dying man, his request was
granted. When arrived at the solemn
spot he found everything prepared, the
pins being set up and the bowl ready.
He played with no little earnestness,
but the sheriff at length, seeing that
he showed no inclination to desist, pri-
vately ordered the executioner to strike
the fatal blow as he stopped for the
bowl. The executloner did so, and the
head dropped into the culprit's hand
as he raised himself TO see what had
occurred. He ~immAdfH7ely aimed at
Perth Amboy evening news., 1912-11-08
MONMOUTH COUNTY NEWS.
KEYPORT

S. Silver, who formerly conducted
a jewelry store at Freehold, moved
here this week and opened a jewelry
business in the building or Front
street, opposite the p~ostoflce, re-
Gently occupied by S. Golding, who
has moved to New York.
Mrs. John G. Schanck, who was
operated upon recently at st. Peters
Hospital in New Brunswick, return
ed toe her home here, in Main street,
Sunday.
The freight station of the Jersey
Central railroad near First street, at
East Keyport, has been painted.
Mrs. Frederick Eckhart, of Broad
street, underwent an operation Mon
day at the Memorial Hospital at
Long Branch.
Mrs. R. S. White, of Osborn
street, was a New York City visitor
Wednesday.
Mr.. and Mrs. John Tanner and
family will 10Y to New York city
in a few weeks. They have made
their home here with Mrs. Tanners
parents, Mr.. and Mrs. e. S~chwendler,
in Front street, and the change is
made owing to Mr.. Tanners work
being in the city.
Work on the new Greenfield
creamery to be erected on the upper
end of Osborn street, near the
Hygeia ice plant, has been started
by Contractor Dallas G.. Young. 1t
is understood that the building and
fixtures will cost about $4,000.
Mrs. Tarleton, of New York city,
was the guest for several days this
week of her son, Myhill Bacon, and
family, Of West Keyport.
While quail and rabbits are re-
ported to be quite plentiful about
the country, local hunters are not
reaping big results. Some state that
the trouble Is due to the heavy
amount of foliage in the woods and
that In a week or SO the hunting will
be much better.
Owing to the heavy rain yesterday
only the morning session was held
throughout the borough's schools.
Mrs. Alice Walling is the guest OF
relatives at North Franklin, N. Y.
The annual business meeting for
the election of officers of the Eagle
Hose Company No. A, at West Key
port, will be held Tuesday evening at
1880 P. M. A full attendance is de-
sired as at this time bids for the
erection of the new hose house will
be opened.
The old mill building In Front
street is being painted.
Perth Amboy evening news., 1912-11-08
MATAWAN

The funeral of George Pagan was
held this afternoon at 2 o'clock at
the home of his daughter, Mrs. Gill
bert Craig, of Middlesex street. Mr..
Pagan died Of vertigo at the Long
He was employed in Asbury Park I'M
til the time of his illness, which was
very short.
The light at the orner OF Jackson
and Fountain has not been
lighted for several nights.
There was no prayer meeting
Thursday evening at the Presbyterian
church on account Of the rain.
Miss Doris Brooks was a Perth Am
boy visitor Wednesday.
Mrs. A. ]. Jackson and Mrs. Henry
s. Terhune were New York visitors
Thursday.
Miss Helen Terhune entertained a
party Of friends at a game dinner
Wednesday evening at the "Sanato-
rum" in Spring Valley.
Miss Edith DuraDd IS spending the
week end in New York city.
Miss Anna Garrison, of Red Bank,
is visiting Mr.. and Mrs. Henry S.
Terhune.
Mrs. Charles II. Bruce and children
arrived here Thursday evening from
Morris, ILL.,, having stopped off with
friends In Pennsylvania for q few
days.
Alex CASTOR Is having extensive
alterations made in the interior of his
residence in In Main street.
Charles II. Wardell was a New
York visitor Thursday.
Hon. and Mrs. H. 8. Terhune, Mrs.
A. J. Jackson and Miss Anna Garri-
son motored to Princeton an ex-
tended congratulations to President
elect Woodrow Wilson. Mr.. Terhune
is a presidential elector from the
third congressional district.
Fifty-five people were served at the
Y. M. c. A. dinner Wednesday even
ing In the First NJ. E. church.
The ladies of the Methodist
church are making great prepare
tions for the fair to be held next
Tuesday and Wednesday, November
IL and 10. A hot chicken supper
will be served Tuesday evening at 6
o'clock. The fair will be held in the
lecture room Useful ad fancy arti-
cles will be on sale.
A business meeting of the "Y's"
will be held Monday evening at the
home Of Miss Irene Bower.
Perth Amboy evening news., 1912-11-08
Y. M. C. A. HAS
ANNUAL DINNER
Monmouth County Event. A.
{. Roberts Is Speaker.
speoial TO the EVBN1N0 NEWS.

Special to the EVENING NEWS.
Matawan, Nov. 1.-THE Monmouth
C>1nty Young Mems Christian Asso-
cations annual dinner and conven-
ton held in the lecture room of the
First M. e. church Wednesday even
ing was very well attended and near
ly every town in Monmouth county
was represented. The dinner was
served at $50 p, M, and was infor-
NAL.
The principal speaker of the even
ing was Albert e. Roberts, of New
York city, who is senior secretary
of the County Work Department,
which is leading the rural Y. M. C. A.
work in the United States. Mr.. Rob-
erts is a very .%eloqeunt speaker and
his remarks were listened to with
great interest by those interested in
Y. M. C. A. work.
Other speakers of the evening
were E. T. Judd, county s%uperinten-
dent of Long Branch and John T.
Sproull, president of the Coal and
Iron National Bank of New York city.
Perth Amboy evening news., 1912-11-08
An Old Tale and a New Ono.

The ancient story Tor was it a fableD
about the poor boy who carefully pick
ed up a pin in a bank, was given a Job
by an official of the institution who
noted his thrifty act and finally became
president of that same bank found a
reminder the other day in the figure Of
a youthful bootblack who during a lull
in trade sat upon his box sewing up a
rent in his we'll worn jacket.
II suppose you expect to be president
of a b~ootblacking trust some day, my
lad?" suggested a kindly old gentle
man who observed his industry.
"Ah, g'wan," the youthful wielder of
Perth Amboy evening news., 1912-11-08

An old gentleman from the east was
visiting his daughter In San Jose, Cal.
OF course he pronounced the name ac-
cording to the spelling until they i'm
pressed it upon him that in Spanish J
has the sound of a.
BY and by he started to see a son In
Watsonville. This town is on a branch
line a mile or so from the junction at
Pajaro. and as the electric cars from
PaJaro TO Watsonvilie passed directly
by the sons house. the old gentleman's
railway ticket was for Pajaro. He
looked at it in q puzzled way. then
threw 1t down in great disgust. ex-
claiming:
"Weil. sir. They can tell me that
Jose spells 'Hozay.' but they needn't
tell me that ~'P-a-ta-ro' spells Watson
yiller'-Exchange
Perth Amboy evening news., 1912-11-08
LOFTY LEAP FOR TAFT MAN.
Said He'd Jump Off House if President
Lost-Keeps Promise.

Woodbury., n. j., Nov. S.-Thomas
Taylor, a negro, recklessly announced
some days ago that If Governor WI
son beat Mr.. Taft for the presidency
he would jump off a house. He has
made good. Those with whom he had
made the agreement offered TO let him
off, but he would have none of that
He selected the caves of his own
home TO jump from and in the pres,
ence of q hundred persons he dropped
twenty-five feet to a glass plot. He
was pretty well bruised up, but no
bones were broken.
Perth Amboy evening news., 1912-11-08

tho boss" is watching or not
of makes my work more than % PEI
cent pleasanter," he said the other uas.
"ond tbe knowledge l get of diherens
narts of the world v me tune ~
travelling to the four corners OF tns
oortb Resides. it is very muH@faH
More than 80 per cent of the views @'
authentic reproductions of photographs
and nyway l am like the fox tnn'
conldn,t reach the grapes. 1 DON'T ke
~ trovel. if makes me sick."-Kansas
CITY Journal.
Perth Amboy evening news., 1912-11-08
Thu postoffios Clerks Travels.

There are many unique ways of see
ing the world, but an employee at the
Kansas City postofice has about the
queerest mode of any. This employee
handles a good many thousands of let
tiers and postcards during a days work.
and he has never been known to fail to
turn a postcard over and glance at he
view portrayed on the reverse side. He
does this when busy or slack, whether
Perth Amboy evening news., 1912-11-08
BLOW ON HEAD
BY AUTO CRANK
Gordon Schank Was Hurt
at HazIet.
Special to the EVENING NEWS.

Special to the EVENING NEWS.
Keyport, Nov. 8-Gordon Schank,
of Spring Lake, who has been visit
ing his parents, Mr.. and Mrs. John
G. Schank. of Main street, this week
met with quite a serious accident OF
Wednesday at Hazlet. Mr.. Schank
had just cranked the automobile OF
Parker Stevenson, of that place,
when the handle flew off the crank
and struck him a crushing blow on
the forehead, inflicting a severe cut.
He was stunned at first, after which
the wound was temporarily dressed
and he was conveyed to his parents
home here. Later he visited the
office of DR.. H. w. Hartman, who
took several stitches in the wound.
1t is not expected any serious results
will follow.
Perth Amboy evening news., 1912-11-08

This NAV not be the era OF frequen'
miracles but a couple out on the SOUTH
sid think they have somehow beer en-.
lowed with a blessing from the gous
in the diminutive person OF a young
Cockney maid of all work whose slu
core attitude toward life is wholly tna'
of a born servant.
Perth Amboy evening news., 1912-11-08
II OFTEN Happens.

How did you happen to lose your
girl?"
II entertained her SO lavishly while
we were engaged that she acquired ex-
pensive tastes. Then she wisely de-
cided that she would be unhappy with
wasn't"
Perth Amboy evening news., 1912-11-08
what yer givin

the needle replied. What yer GAVIN
mel"
what are you doing that KIND Oh
work for?' he was asked.
"'Cause me mudder's u workln all
day. an she's too tired to do 1t when
night comes" said he.
''That trust idea may pan yet
observed the old man refectiyely as he
passed on.-New York Globe.
Perth Amboy evening news., 1912-11-08
TO RECALL MAYOR COTTRELL.
Petition Asserts That Washington Elk
ecutive Lacks Courage and Ability.

ecutive Lacks Courage and Ability.
Seattle, Wash, Nov. 8.-A petition
for the recall of Mayor George f. Cot
trell containing nearly $4,000 names
was filed in the comptroller's office.
1t is alleged in the petition that May.
or Cottrell has shown himself lacking
In executive ability and moral courage
that he suffers certain persons and GER
tain institutions to interfere on politi-
cal matters; hat he has failed appar-
emily because of obligations to certain
politicians and Socialist agitators" to
protect citizens of Seattle in their CON
stitutional rights and to enforce proper
respect for the American flag.
Perth Amboy evening news., 1912-11-08

the nine, conceiving that It was the
bowl which he grasped. All nine pins
falling, the head loudly exclaimed, II
have won the game!"-From the Ger
man.
Perth Amboy evening news., 1912-11-08
DON'T TRY

to ride your bicycle when you have
old worn out tires that need continual
pumping up, and are liable to blow up
at any time and leave you stalled on
the road miles away from home. If
your tires are in poor condition come
and see us and we will fit you out with
a new pair at reasonable cost. We
carry only the best grade of tires,
which is the FISK BRAND, fully
guaranteed. Let us estimate before
you buy
Full Line of Hunting Goods in stock.
Perth Amboy evening news., 1912-11-08
WEATHER

Observations of the United
States weather bureau taken at
8 D. m. yesterday follow:
The Washington times., 1912-07-07

of Of
Of
The Washington times., 1912-07-07

This offer is made as an introduc-
tory inducement for you to learn the
superiority of BERBERICH'S
1porld-renowned trademark shoes.
Each pair is guaranteed the same
as though you paid the full price
instead of dollar less.
Arizona republican., 1912-06-09
White fIaIOn House
 Dresses S2.45

Pretty cool House Dresses mad" of white checked I[iaN0u. finished with scallOped culllrS and cuffs We believe these Dresses 10 be the best values ever offered at thc special price. $245.
Arizona republican., 1912-06-09
MdnniSh Shirts
 73C

Monarch Shirts fof women are all the rage. These come in several coIoI's. solid or stripcd; worth up to @2. .0O.