davidaulloa/AmericanStories huggingface dataset:
The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1912-02-28
FAVOR FROM COURTS
FOR THE fruit TRADE
Railroad Is Obliged to Furnish
Proper Equipment and Ser
vice for Shippers

PITTSBURG, Feb. ga case OF
more than ordinary interest to the
fruit trade of the country was de-
cided by the State Supreme Court
recently. 1t involved the principle OF
whether transportation company is
responsible for not furnishing proper
equipment and not properly caring
for perishable products while in
transit.
In December, 1906, S Catanzaro &
Co, wholesale dealers here, shipped
four cars of Almeria grapes and two
cars of lemons from Boston to Pitts
burg via the Boston e. Maine and the
Pennsylvania railway. Mr.. Catanzarc
was in Boston and made verbal
agreement with w. c. Brown, district
freight agent of the p. r. r. to fur
nish good solid cars in which to load
the fruit which he had purcased al
auction. When the cars arrived al
Pittsburg it was found that they were
the old style cars with leaky roofs
insulation off the doors and the
bunkers only half filled with ice. The
contents were badly frozen and Catan-
faro 81 Co. were compelled to sell
the fruit to the best advantage SELL
ing some of it at auction at low
prices. and dumping the balance. I'm
mediately after arrival at Pittsburg
the cars in which this fruit was
shipped were ordered to the shop for
repairs by the car inspector.
Railways Pays the Claims
Catanzaro made claim for
$7,734.10 for losses, but the Pennsyl-
Boston & Maine as the initial carrier
suit was entered against the p.
r. r., and before a jury in the Com
mon Pleas Court Catanzaro & Co. lost
The defense of the Pennsylvania was
that on account of the bill of lading
having been made out by the Boston
& Maine they were hauling the goods
for that road. An appeal was taken
to the Supreme Court, which reversed
the decision of the lower court. The
case was retired and a jury awarded
damages for the full amount. The
Pennsylvania appealed to the Su-
preme Court, which handed down a
decision last month sustaining the
ldSJ uttlSlO1l VI the lower court. anu
last week the Pennsylvania finally
paid the claim in full with interest.
Verbal Agreement is Good
This case, especially in view OF
damage that has been sustained tc
perishable fruits in transit during the
recent cold spell, is of more than or
binary interest to the produce trade
of the country. 1t establishes the
fact that a verbal agreement with the
accredited representative of a rail-
road company will hold good in
court, also that the transportation
companies are liable for loss or dam
age on account of not furnishing
proper equipment. The papers in
this case were carefully prepared and
certified copies Of the sales of the
goods, together with prices realized
at auction, were furnished. 1t was
also shown that fruit from the same
steamer shipped to other large cities
which arrived on time in good condi-
ton sold for excellent prices. The
decision is quite a serious blow to the
Pennsylvania, which has been in the
habit of turning down claims quite
freely.
The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1912-02-28
No. 1902
Notice of Time Appointed for Hear
ing Final Account and Petition for
- nth

No. 1902
Notice of Time Appointed for Hear
ing Final Account and Petition for
Distribution and Discharge.
Ln the Superior Court of the State of
Washington, in and for County of
Yakima-In Probate.
In the matter of the estate of Nell
lie |. D. Starr, deceased
John Augustus Starr, executor of
tie last will and testament of Nell
lie |. d. Starr, deceased, having filed
his final account on said estate and
Herewith his petition praying among
other things, for an order of distri-
button of the residue of said estate
among the persons thereto entitled:
1t is ordered that Monday, March
18th, 1912, at the hour of ten O'Clock
a. M. of said day, at the court room
at the court house in North Yakima,
Yakima County, Washington, be and
the same is hereby appointed as tho
time and place for the hearing and set
Ting of said final account and petit
ton for distribution;
1t is further ordered that all per-
sons interested in the estate of said
Nellie l. ID. Starr, deceased, be and
appear before said Superior Court of
the State of Washington, in and for
the County of Yakima, at the time
and place aforesaid, then and there
to show cause why said account
should not be settled and why an or
der of distribution should not be
made of the residue of said estate
among the heirs of said deceased, or
their assigns. according to law;
1t is further ordered that the clerk
of this court and said executor give
notice of said hearing by causing no.
tice thereof to be posted in at least
three public places in Yakima Coun-
ty, Washington, and by causing said
notice to be published for four sue
cessive weeks before the said 18th
day of March, 1912, in the Yakima
Herald, a newspaper printed and pub
lished and of general circulation in
said Yakima County, Washington.
Dated this 3rd day of February,
1912
(Signed) E. B. PREBLE,
Superior Judge.
Notice is hereby given, pursuant to
the above entitled order of said court
that the final account of John Aug
ustus Starr, executor of the last will
and testament of Nellie l. d. Starr,
deceased, has been rendered and filed
in the above entitled court for settle
ment, and a petition for the final dis
tribution of said estate has been filed
with said account, and that Monday,
Mai I'll LIN lSI-, at ~ u CIOCh ~.
NJ, at the court room of said court
in North Yakima, Yakima County,
Washington, has been duly appointed
by the above court as the time and
place for the settlement of said &C
count and hearing of said petition,
at which time any person interested
in said estate may appear and file OBJ
iectons or exceptions in writing to
said account and petition and contest
the same.
In witness whereof each of the I'M
dersigned hereunto sets his hand and
seal this Srd day of February, 1912.
(SeaD JOHN AUGUSTUS STARR,
Executor of the last will and testa-
ment of Nellie l. d. Starr, deceased.
A. w. BARR, County Clerk.
(SeaD BY BESSIE McPHEE, Deputy.
Feb. 7-14-21-2S Mar. 8.
The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1912-02-28

Any little wound OF abrasion of
the flesh occurring in cold weather
that is not properly treated becomes
a bad sore ana is difficult to heal. APP
ply E-A1.ARD'S SNOW IMMINENT
al once when such accidents happen
The wound heals promptly ana soon
does away with the annoyance Of a
nsmosse. Price 25e, soc and 81 oG
per bottle. For sale by y. n. Fry
and c. w Camp, cor 3rd and Yaki-
ma avenues.
The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1912-02-28
NOT the Same

child of strict parents, whose
greatest JOY had hitherto been the
weekly prayermeeting. was taken by
its nurse to the circus for the first
time. When he came home he ex-
claimed:
"Oh, mamma, If you once went tc
the circus, you'd never, never go tC
prayer-meeting again in all our life
The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1912-02-28
MOI Coal rand.
Under SUnnVSide Project


Under Sunnyside Project.
Department of the Interior, u s.
Land Office at North Yakima,
Washington, February II, 1912
Notice is hereby given that Thomas
S. Sewell, of Outlook, Washington,
who, on December 8, 1911, made
Desert Land Entry, No. 05390, for
Sc a NEA of Section 80, Township
10 North. Range 20 East, Willamette
Meridian, has filed notice of nten-
tfon to make Final Desert Land Proof,
to establish claim to the land above
described, before The Register and
Receiver, U. S. Land Office, at North
Yakima. Washington, on the 3Oth day
of March, 1912.
Claimant names as witnesses:
William McKim, of outlook. WASH
ington Samuel Marsh, of Outlook,
Washington; Esty Sickle. of Outlook,
Washington; Ralph Weaver, of Out
look, Washington.
HARRY Y. SAINT,
Register.
Feb. 21-2S Mch 6-13-2O.
The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1912-02-28

Heartburn, indigestion or distress
of the stomach is instantly relieved
by HERBINE. 1T forces the badly
digested food out of the body and
restores tone in the stomach and
bowels. Price soc. Sold by ID. H
Fry and c. w. Camp, cor. Bird and
Yakima avenues.
The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1912-02-28
NOTICE OF FORFEITURE.

To Mr. r. j. McChesney, w. L. Lem.
on, f. L. Johnson, j. o. Gull, I. IL
Dills and all others having any inter
est in the "Ivenhoe Mining Company
You are hereby notified that we have
expended at least one hundred dollars
in labor and improvements upon each
of the mining claims, BLACK Jack.
Homestead" and Edith Lewis in
Yakima County, Washington as will
appear by certificate filed January 26
1912, in the office of the recorder OF
said county. in order to hold said
premises, under the provisions of sec
ton 1924, Revised Statutes of the
United States, being the amount re-
quired to hold the same for the year
ending December Goth, 1911.
And if within ninety days after this
notice by publication you fall or re-
fuse to contribute your proportion OF
such expenditure as a co-owner, your
interest in said claims will become the
property of the subscriber under said
section 1924.
J. B. GARDNER.
r. X. PETERS.
c. J. HAMPTON.
Jan. 81 Feb 7-14-21-2S Mch. 6-13-20, q
2-10-17-94 Nav I
The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1912-02-28
DIR. ROSSEK
Physician and Surgeon.

Office over Janeck Drug Store.
Residence, Cor. Sixth and Chestnut.
Office hours-9 a. m. to ~ m. and
to p. m. Member of Pension
Board
The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1912-02-28

Bombay. Feb. Is,
The Committee Of
t h International
Bible Students AS
ISOLATION for the in
vestigation Of For
eign Missions have
spent three weeks
in India and trav-
elled over t h r. e
thousand M | | e S.
The seven mem
ers divided the
w ork a m o n & s t
fhayocalyac at the
The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1912-02-28
Notice of Time Appointed for Hear
ing Final Account and Petition for

In the Superior Court Of the Stale Of
Washington. in and for County OF
Yakima--1u Probate.
II the matter Of the estate OF spen-
Ger " VesIal. deceased.
Virginia L VestAl. admlnlstrat rix
of the estate OF Spencer w Vestal.
deceased, having filed her final ac-
count in said estate and herewith
her petition praying among other
The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1912-02-28
HEIGHTS AND
DEPTHS Divine
Pastor Russell on the AN-PaT.
vad.ng Love Of God.
RIDS FAREWELL TO BOMBAY,

Preacher Sees Hopeful Signs That the
Religious Sentiment Of India Will Be
iIIun1ined With the True Lieht-Di-
vine Power Will Be Exercised to
Awaken the People to an Under
standing of the Glory of God.
The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1912-02-28
NOTICE FOR PUBLICATION

Feb. 7-14-21-2S Mar G.
The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1912-02-28

Jan. 81 Feb. 7-14-21-2S Mch. 6-13-20,
Apr. 3-10-17-24 May l
The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1912-02-28

County Auditor and Elk Orficfo
Clerk of the Board of County
commissioners of Yakima
County State of Washington.
Feb 21-2S-Mch b
The Birmingham age-herald., 1912-01-26
PIPE LINE HEARING BEGUN
 BEFORE COMMISSIONER LANE

New York, January 25.-C. W. Burdis. comptroller of the Tidewater Pipe company (limited), which is one of the many respondents named in an inquiry Instituted by the interstate commerce commission, was the first witness to- day before Commissioner Lane.
 It is the contention of the govern ment that this pipe line. in common with many others, Is charted as a com mon carrier and is otherwise violating the act of 1906 by refusing to accept oil for transportation.
 Counsel for the company said he wished to submit affidavits to show that the maintenance of a pipe line as a common carrier is almost an inn possibility. The affidavits would show that a pipe line is most hazardous business. owing. to the exhaustion of wells, he declared
 ]. A. Moffett. vice president of the Standard Oil company of New Jersey, the next witness. was asked by Com missioner Lane whether the Standard oil pipe lines in New Jersey had been placed under control of the New Jer- sey corporation in 1905 because of ad- vance information that pipe lines were to be chartered as common carriers under the control of the interstate commerce commission. This Moffett de-
The Birmingham age-herald., 1912-01-26
DEARBORN BEFORE
 HOUSE COMMITTEE
President of American Ha mburg s. s. Company Testifies Relative to
 Shipping Through Canal

Washington, January 25.-The ultin<A control of all shipping through the Pan- anna canal by the foreign shipping trust with chief benefit to big American ship pers, such as the United States Steel cor- poration. would result from the admission of foreign vessels to American coastwise trade, according to President George s. Dearborn of the American-Hambprg Steamship company. who testified today before the House committee on interstate commerce.
 Protests have been made to the war de- partment against the proposed advance In freight rates of the Panama Railroad com- pany, effective February 1. The increase in the rates will vary from II per cent to 33 and will affect particularly ship ments of structural Iron and various building materials.
 William R. Wheeler of the San Fran cisco chamber of commerce arrived here today to present to the President and Sec retary of War protest from the Pacific coast A suspension of the proposed ad vance in rates is sought and the matter may be carried to Congress.
 San Francisco is interested particularly in the proposed advance on building ma terial because of the construction of the building for the Panama exposition.
The Birmingham age-herald., 1912-01-26
SECRETARY KNOX
 PRESENTS VOUCHERS

Washington, January 25-Secretary Knox, by authority of the President. to- day presented to the House committee on expenditures in the state department the voucher accounts for s2oOO0 expended at the Lake Champlain celebration. The vouchers were for the most part costs of wine, travel and entertainment of guests at that celebration Secretary Knox said that hereafter all expense accounts would be scrutinized closely before their nature was kept from the public.
 President Taft Ambassador Bryce. Sen ator Root, Associate Justice Charles E. Hughes of the supreme court then gov ernor of New York, and other public men, were guests at the entertainment. It was said Governor Prouty of Vermont and other members of the commission might be invited to discuss the expendi- lures as accounted for in the vouchers.
 One of the vouchers shows an item of S25G for flowers bought by a national guardsman for the wife of Canadian officials; other items for wine, cocktails and cafe meals for army officers: S5360 for the entertainment of 360 guests at a Lake Champlain hotel; s374S for a ban quet on July 6; s244 for ladies bouquet $5 for livery; SIS for telephones; s3s s for Senator Roots transportation from Washington to Plattsburg N. y., and return. One item was for excess fares for five members of the New York leg islature who missed train.
The Birmingham age-herald., 1912-01-26
INVESTIGATE FRAUD
 IN MINERS ELECTION
Coal Operators and Miners of Five States to Hold Wage Con-
 ference Today

Indianapolis, January 25.-Investigation of fraud in an election of national officers of the United Mine Workers of America is to be made by the executive board.
 After the report of the committee on officers reports had been made 10 the miners convention today stating that 'tne person guilty of having stolen the votes of 40 local unions of Illinois, cast in the election of 1910, had not been identified resolution was adopted instrueting the ex- ecutive board to make inquiry with the purpose of uncovering the thief
 Thomas l.. Lewis of Ohio, who was de- feated for reelection to the presidency by John P. White in the election in which the frauds occurred, was among the speakers that urged further investigation.
 Bitumnous coal operators and miners of the central competitive field comprising Illinois, Indiana ohio and Western Penn- sylvania will meet in wage conference in this city tomorrow. The miners con- vention will not adjourn until after the result of the conference is made known. II is understood that If wage contract Is negotiated 1t will be accepted as standard in the other bituminous dis trictS
The Birmingham age-herald., 1912-01-26
SEEK FOLLOWER THE:
 RATES ON P|G IRON
Hearing Before Interstate Commerce Commissions
 Examiner Begun

New Orleans, January 25.-(Special.l l- The hearing of the complaint made by tue transportation committee of the board of trade to tie interstate commerce com mission against the rate of freight charged on pig iron from Birmingham, Ala, to this city commenced at 10 o'clock this morning in dhe directors room of the beard of trade.
 A. n. Mackln, special examiner of the interstate commerce commission. is con ducting the hearing. John A. smith is the interests of the board Of trade, and Bancroft, Ross & Sinclair Ltd, the compliments. Nelson w Proctor of the Louisville and Nashville railroad, and J. B. Bannon of the New Orleans and Northeastern railroad, The two roads against which the complaint was made, are acting for the lines.
 The board of trade is seeking to have the rate on pig iron reduced from 8 a ton to s2.55. to put the city more nearly on parity with competing points.
 The principal witness for the complain ant is F4 J ross -sidsgt uf Bsperafs- Rets Dclair eonapauy 4Aa
The Birmingham age-herald., 1912-01-26
SECOND PRIMARY ID DECIDE ELECTION Judge Hall to Oppose J. c. Michel in State of
 Louisiana

New Orleans, January 8.-Judge Luther F. Hall. candidate of the good goyern- ment league for the democratic nomina- ton for governor, whose plurality over John T. Michel, candidate of the reg ular democracy in Tuesdays election was approximately 5000 votes, will enter the second primary with the active sup part of the leaders Of the Ewing-Aswell forces. Col. Robert Ewing, national dem ocratic committeeman, and leader of the independent faction whose candidate, Prof. James B. Aswell, boiled more than 2o,00o votes Tuesday, issued an appeal today to "all righteous, all moral, all public spirited citizens to join hands in the fight against Michel Aswells state chairman, John Charles V. Por- ter, also publicly announced himself for Judge Hall
 There was much speculation today as to the attitude of Governor Sanders and his followers toward Michel as a result of tne "knihngi the governor received ai tho hands ef the rssuarsg in tFs f is.s4 as Sanders will enter fAe secone. primary xeainal epsFe amen Brovssard for the Ehited stales Senate to sscceed Senator Thornton, with about 10 000 votes behind the latter
 street rumors that both Michel and Sanders would withdraw were denied to- day and preparations are already in progress at their headquarters to wage vigorous campaigns from now until Feb ruary 2, the date of the second pri- mary
 Senator Foster was defeated for re- nomination by Congressman Ransdell by about 4000 majority.
The Birmingham age-herald., 1912-01-26
FUNERAL SERVICES OVER ]. I. HARARAN Body Placed in Vault at Memphis Pending Rela-
 tives' Arrival

Memphis, January 25.-The body of j.. r. Harahan, former president of the H. linois Central railroad. who was killed in a railroad accident at kinmundy, lll', last Monday was placed in a vault here late today after funeral services were con- dueted at the home of Capt. w. B. Nal lory, father-in-law of MT, Harahan, by Bishop Thomas F. Gailor of the Protes- tant Episcopal church, assisted by the Rev. Herman T. Paige, rector or St' Paul's Episcopal church, Chicago.
 Final interment was deferred because of the absence In Europe of Mrs. A. Nieh- ols and Mrs. A. N. Dale, daughters or Mir. Harahan, and because of the inability of J. T. Harahan, Jr., who is III In Chl- cago, to come to Memphis at this time.
 A special train bearing the body of James T.Harahan, who lost his life in the railroad accident Monday at kin-. mundy, H., on the Illinois Central rail road, with which road he was connected for many years as general manager and president, arrived here today.
 In addition to the relatives of MT. Hara- han the body was accompanied to Men-
 ls,fs arEq number of pfan'i1serf men ec' ' cted s3it.i railroad and inais al- fasA with whom MT. iiarahan had main- 5tat Hd flose friendship.
 The honorary pallbearers included J. Og- den Armour, Edward Morlts, John Gudr ahy, George R. Swift, H. r. Nudge and James Patten
The Birmingham age-herald., 1912-01-26
TODAY'S AGE-HERALD

 1-Tarif debate will begin today Parker opposes recall of judges. Connaught sees President Taft. Foss wants investigation of Lawrence
 strike.
 Pipe line hearing begun. 2-Rais being placed for new railroad. Churchill yields 10 party's demands. 3-Selma physician hurt
 Contractors make trip on horseback. 4-Editorial comment. 5-Million dollar hotel will be built on / Jordan corner Second avenue hotel making good
 progress.
 Indorsement will not be given to any
 of the projects.
 Underwood Marching club meets on
 Wednesday night. e-B. A. C. plays Auburn tonight. Publishers will meet here today. 7-The work of the district nurse. Society. s-Judge Dowdell will not resign from
 bench.
 Begin missionary conference here. a-Hicks addresses local ad men. lo-Lack of money causes inactivity. i1-Markets. 12-Underwood is announced as presiden-
 tiaI candidate.
 College men will organize.
 Grand jury makes partial report.
The Birmingham age-herald., 1912-01-26

nied, saying the action was merely In line with a policy long under discus sion to put pipe lines in each state un- der control of the Standard Oil com pany of that state.
 Mir Moffett thought a pipe line could not be profitably operated as common carrier because different grades of oil had to be mixed In a pipe lirre, he said. and it was impossible to deliver the different grades to consignees, It was suggested on the witness stand that, according to testimony in the Standard oil dissolution suit this problem had been solved in Texas by running Soo barrels of water between the grades, but Mir. Moffett said experience had shown that oil and water will mix uh- der pressure.
 Just before adjournment of the near ing until tomorrow, Commissioner Lane and the attorney for the Standard Oil company got into an argument In re gard to the question of the Standard Oirs ability to fix prices, the commis- sioner raising the point that a producer after using the common carrier lines had no choice but to deliver to the Standard oil rehneries at the Stand ard Oifs own price. Tt is impossible - said MT. Nilburn, flor a man to think that some one can sit down here in New York and dictate the price or oil. Competition is too keen and the inde- pendent rehneries are too anxious to get oil