davidaulloa/AmericanStories huggingface dataset:
The Prescott daily news., 1912-01-22
THEIR NATURE.

Goal strikes ought not to be con. Isidered big nows :"
 "Why not?'
 Because they are bound to bt ,classed as miner sensations"
The Prescott daily news., 1912-01-22
NOTICE

Notice is hereby given that by virtue ofC decretal order rendered by the Nevada Coi,r ty Chancery Court at its December term A D, 1911. in certain case therein pendina wherein W. A. Forbes and others were nain tiffs. and Tommie Milburn and others were da fendants, that the undersigned. as special Commissioner in Chancery W i'll on the Niai
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-12-12

was ncluded in the account through a
clerical error, uch amount Is held to
correctly state the various items or
debts and credits and the fact, that in
striking a balance by substractlnS the
total credits from the total debts a
mistake of 10000 was made, does not
operate to defeat the lien. -
Z. Appellants contention that the
mortgages held by him represented the
purchase price of the lots and that
they are therefore entitled to priority
over plaintiffs mechanics lien. Is held
untenable, there being no PROOF In sup
port of such contention.
8. Appellant moved in the court De-
low to suppress the deposition or a
witness for plaintiff upon the ground
that sufficient time was not a1oroed
him in which to appear and cross
examine such witness. The taking or
the deposition was noticed for Ocet. IA,
1911, at Pontiac, Michigan, and service
of the notice was made at Grand folks
on Oct. 10. No claim is made that APP
was, in fact, prevented from
appearing or being represented at the
taking of the deposition, and, further-
more, we think sufficient time for THIS
purpose was afforded him, and the rui-
ing of the trial court in refusing to
suppress the deposition is therefore
sustained.
tire case we reach the conclusion that
the decision of the trial court was, IN
all things, correct. and Its is
accordingly affirmed.
(SylIabus by the court.1
Appeal from district court. Grand
Forks County. Charles IL. Templeton'
Judge
From a judgment in plaintiffs favor
forec1osing a mechanics lien, defend
ant, Sidney Clarke, appeals.
III. a. Bronson. Of Grand Forks, N. d.,
for appellant.
respondent.
Opinion by Fisk, J.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-12-12

FOR MEN.-Nerve force gone! You
IRE what our nerves are, nothing
else. If you feel all rundown from
oEerwork or other causes, If you suffer
from insomnia. "Caved-in" feeling,
brain faE, extreme nervousness,
peevishness. glOOmincss, worry, cloudy
brain, loss of ambition, energy and
vitality, loss of weight and digestion,
constipation. headaches, neuralgia. or
drink, send for a SOC free trial box Of
kellogg's SanitOne Waters, and soon
YOU will be well, strong and happy.
FOR WOMEN.-If you suffer from
breakdown, extreme nervous
ness, blue spells, desire to cry, worry.
neuralgia, back pains, loss of weight
or appetite, sleeplessness, headaches,
constipation, and are all out-of-
sorts, Kellogg's Sanitone Waters will
make you feel that there Is more to
life than you ever realized before.
Nc more need of dieting, diversion.
travel, tiresome exercises, dangerous
drugs, electricity, massage, or anything
else-Kellogg's Sanitone Waters do the
work for each and all, give you nerve
force and make you love to live.
All first-class druggists have KEEL
logg's Sanitone Waters In stock, at
500 a box, or they will be mailed
direct upon receipt of price by F. j.
Kellogg, 1853 Hoffmaster Block, Battle
Creek, Mich. No free trial boxes from
druggists.
A 50-cent trial box of this great dis
SSVery will prove that they do the
work. They are guaranteed-every
wafer. Send coupon below today for
free soc trial box of Kellogg's Sanitone
Waters.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-12-12
Decisions Of the Supreme Court

State of North Dakota. in Supreme
Court. October. 1912. Frances Cysew-
ski, plaintfff and respondent; VS.. Anton
Fried, defendant II appellant. .-
l., Attention is called to rules z and
IL of this court and the necessity of
compliance Herewith by counsel in the
spreparation OF abstracts on appeal.
.tioneer cannot, in the absence of au-
thority so TO do, warrant property sold,
ahis power in this state is fixed by, sec
5799, r. c.. 1905, providing. AN
a~uctioneer. in the absence OF special
authorization or usage to the contrary
has authority from the seller only as
follows: = 3. To warrant in like
with other agents to sell &C.
cording to section SITS" And in as
much as Section 5776 provides that au-
shortly to sell personal property in
dudes authority to warrant the quality.
principal is bound by the warranty
3rnade by an aucttoneer in the sale of
such property.
Manufacturing Company, n. D., 229,
il is held, that the purchaser may rely
upon the warranty made on sale by an
auctioneer when he did not ave actual
lions on his power to warrant.
(Syllabus by the COurt.)
Appeal from a Judgment Of h.
County Court of Stutsman County. hav-
,ng increased Jurisdiction, Conklin, j.
j. Knauf & Knauf. jamestown. n. D..
Cor appellant.
Thorp & Chase, Jamestown, n, d.
for respondent.
Opinion by Spalding, c. J.
state of North Dakota. Plaintiff and
Respondent. VS.. Denver Woods, De-
PENDANT and Appellant.
/. In the light of the provisions of
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-12-12
THE LECTURE TONIGHT
Walter Clifford Smith I'd Be The
Entertainer at the Y. M. c. A.
in the Auditorium.

A large crowd is expected to attend
the free lecture course that will be
given this evening by Hon. Walter
clifford Smith, a former member of the
New York legislature, and ex-vice
president of the board of regents of the
college Of Hawaii who will talk on the
beautiful islands, at the same time
showing some splendid views, many
of which he has taken himself. There
will also be about 5000 feet of moving
picture films shown on the canvas
that will be stretched for that purpose.
He will give many illustrations of the
social life in Hawaii, as we'll as some
of the great curiosities that are to be
seen there. The press all over the
country have everywhere spoken iii the
highest terms of his lecture. On ac-
count of the limited space III the audi
torium admission will be by ticket, but
If you have not procured n call at
the building and one will be handed
You. The ladies are especially invited
to attend.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-12-12

err cities of the country and distribut-
ing flowers among the hospitals. He
Is a member of the old Moravian
church, of which there are several in
che east, and one of the rules OF the
church is that every member be a
missionary, and the flower end of 1t is
his particular task. He will give some
of his experiences during his mission
work..
During last February, in nine days,
beginning Feb. 20, he distributed in
the hospitals of Chicago no less than
$3.50 flowers, and he keeps an ac-
count of, the visitations and the work.
The flowers were given to hospitals
that are run by people of all religious
denominations, even to the one that
are devoted to the care of colored
people. Rev. BILLY" Sunday, during
his stay in this county, paid Mr.. Esch-
bach a visit. for the two are great
friends. There should be a large turn
out on this occasion.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-12-12
EarIy Easter Mex Year.

AS a result of a peculiar astronom-
ical situation, next Easter day will
be the earliest for years, and it will
not be so early again for a hundred
years. 1t comes this time on March
80. The fixing of the date each year
is based upon the changing phases Of
the moon. Easter day is always the
first Sunday after the full moon, upon
our next after March 81. If the full
moon happens on Sunday, then Easter
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-12-12
FLOWER MISSIONARY
Brother Eschbach viii Pay . Visit to
the Y. M. c. A. on Sunday
Afternoon.

The speaker at the mems meeting
next Sunday afternoon at the II. M.
&c. al. will be Horace Eschbach, and he
will tell of flower missionary work.
Mr.. Eschbach ls at present the man
ager of a farm near Casselton, this
county, but In the early spring he
makes a business Of visiting the larg-
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-12-12
Stop That Itch!

will guarantee yeu to stop that
itch in two seconds. A so cent bottle
will prove it.
No remedy that ! have ever sold for
Eczema, Psoriasis. and all other
diseases of the skin has given more
thorough satisfaction that the
%. p. q. Prescription for Eczema
guarantee this remedy.
For sale by Fargo Drug Co; Wal
dorf Drug Co.; Economy Drug Co,
Fargo. n. p. Advt.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-12-12
Greatest Nerve
VitaIizer Known
a 5O-CENT BOX FREE
A Recent Discovery. Kellogg's Sanitone
Waters, the Most Effective Nerve
Strengthened for Men and Wo-
: men Ever Found by Science.

This is the worlds newest, safest, most
reliable and effective nerve invigorator,
revitslizer, brain a~wakener, body strength
ener, without equal in the worlds history
of medicine. It brings about a change from
that awful, dull. weak, lazy, don't-give-a-
hang feeling to brightness, strength,
clear . headedness and courage which is
remarkable.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-12-12

day is the first Sunday following.
Next year there is a full moon on
Saturday, March %. Sunday, the next
day, is therefore Easter, day. Astrono-
my also foretells of no less than five
eclipses next year.. There are total
eclipses of the noon early in the morn
ing of March 90, and Sept. Is, and
three partial eclipses of the sun on
April 6, Aug. 81. and Sept. 90, but
none of the latter eclipses will be Wis
ible in North America.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-12-12

A story from Chicago says there are
calves there worth $4,000. That's moth
ing; there are calves on Fifth avenue,
New York, worth $5,0O0.0 900.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-12-12

The Robertson Lumber Co, a corpor-
alton, plaintiff and respondent VS.. Nils
SWenson, Sidney Clarke, Northwestern
Mutual Savings & Loan Association, a
corporation, Dinnie Bros, a Corpora
ton, E. o. Burtness n G.. II. Hanson,
Co-Partners as Burtness e. Hanson. and
Louis "A. Chance as Trustee in Bank
ruptCy of Nils Swenson, a bankrupt,
liant.
l.. Sections 6237 and 623S r. G. 1905
authorizing the filing of a mechanics
lien for b and materials furnished
Tor the construction or repair of any
work of internal Improvement or for
the erecting, alteration or repair of any
building or other structures upon
land etc, construed and held to au-
thorize the filing of UGH lien against
two or more buildings and the LAND up-
on which they stand, were such labor
or material is furnished under an en-
tire contract. Chapter 1853 laws Of
1919, which amends section 6237 r. c.,
does not change the former law in this
respect.
2. The finding Of the trial court that
the material for the two dwellings was
furnished by plaintiff under am entire
contract, is sustained.
3. Appellants contention to the eff
rect that under the statute a mechanics
lien statement can be filed only against
the building and the particular lot up-
on which the same is situated, is held
without merit, The two dwellings hav-
ing been constructed from material
furnished under a single contract it
was permissible to file a lien state
ment against both buildings and the
four contiguous lots upon which they
are situated.
4. Chapter 1853, laws 1909, recurring
a separate itemized account to be kent
of materials furnished, should be given
a reasonable Interpretation, and where
a separate itemiZed account is, in good
faith, kept, but through an uninten-
tlonal mistake or clerical error an item
OF minor Importance is included there
in which belongs to another. account,
such fact will not operate to deprive
the material man of the right to a
lien.
5. Where the lien statement is duly
signed by the material men but he
omits to sign the affidavit of vertical
ton, such omission is not fatal to the
lien where 1t appears that he, in fact,
made. oath to the truth of the facts
stated in such affidavit. In other words,
1t is not a necessary essential to the
validity of such an affidavit that the
affiant should subscribe his name there
to, although this is the usual and bet
ter practice.
6. To entitle a material man to a
lien he must comply with section; 624O
r. c. 1905, which requires him to file
with the clerk of the district court "a
just and true account of the demand
due him after allowing all credits" etc.
Appellants contention hat this statu-
tory requirement was not complied
with by plaintiff is held without merit.
Except as to the item of $1O.S3, which
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-12-12
"a ouR PATRoMs.

We wish to announce that we will
not open evenings until Monday, Dec.
is, except on next Saturday-as
usual.
O. u. de LENDRECIE.
Al. Il. MOODY.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-12-12

The regular $1.00 size of KelIogg's
Sanitone Waters are for sale in Fargo
Fout & Porterfield's.
No free boxes from druggists.
-AdYt.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-12-12

Joseph s. Fleming, Plaintiff and APP
peitant. vs.. George M. Sherwood, De-
PENDANT and Respondent.
|. Under Section 5000 of the Code of
1905, a note is not negotiable which
contains the following :" provision:
"Paynee's ownership of the goods ac-
count of which this note is given, the
account thereof and the contract con-
ditiOns of original sale are not affected
by accepting this note until receipt Of
full amount due thereon" Such note
dote not contain, an unconditional
promise or order to pay a sum certain
in money" but bears upon it's face the
suggestion of a conditional sale.
2. One who ~ratifies the unauthorized
act of an agent by accepting the bene-
hts of the transaction, will be held to
incur the obligations as we'll as the
benefits of the transaction.
(Syllabus by the court.)
Appeal from the District Court of
Cass County, Pollock, :.
Action by plaintiff as indorsee IF a
promtssory note, to recover on such
note. Verdict and Judgment for de-
~fendant. Plaintiff appeals.
Affirmed.
a. c. Lacy, Fargo, N. Oak: Attorney
for appellant.
Turner & Murphy, Fargo, N. D., At
torneys for Respondent.
Opinion by Bruce, J.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-12-12

| section s of the constitution, permitting
the legislature to change, regulate or
abolish the grsnd jury system, and OF
amendments of a-criminal information,
and of section 1890, r. C.. 1905, requir-
ing the states attorney or other pros
the. county, (Which it is removed, and
giving the court full jurisdiction and
authority to hear, try and determine
the action and to conduct it in all
respects as If II had been commenced
in such county, it is held. tina in a
prosecution by information 1t. is COM
petent for the state, on leave of court,
to amend an information in the county
to which the trial is removed. at least
when there Is no new or different Of
Tense charged.
2. Following State vs. Peltier, 81 N.
d. 1870, 1t is held that when error is as
signed on Instructions to the jury in a
case in which the evidence is not be-
fore the supreme court an instruction
will not be held rroneou unless it Is
so under every possible view of the
case, and that it viii be presumed to
De correct as applied to the evidence
unless abstractly wrong.
3. Certain instruction. identical in
effect with one passed upon in State.
VS.. Hazlett. 16 N. D. 426, sustained.
4. The appellant was charged by in
formation with having committed the
crime of murder. The court instructed
the jury on the degrees of murder and
or manslaughter. The jury found him
guilty Of ma~nslaughter in the first de-
gree. Held. that where the evidence Is
not before this court it will be presum-
ed that the instructions conformed to
such evidence and consequently that
the status of the proof was such as to
show that defendant was guilty of one
OF the degrees of murder or of man
slaughter, or not guilty; and it was not
error, therefore,, to omit to instruct as
to the lesser offenses included with
such greater Ofenses.
3. The record disCloses no request
for instructions on the lesser offenses.
While many authorities hold that fail
ure to instruct on a given point when
not requested so to do Is not reversible
error, that question is not passed upon.
Syllabus by the court.
Appeal from a Judgment Of the Dis
trtct Court of Adams County, Nuchols,
j.
Affirmed.
Andrew Miller, Attorney General. c..
L. Young, Assistant Attorney General,
Bismarck. N. D., and e. p. Totten,
States Attorney of Bowman County,
Bowman, N, d, for respondent.
T. r. Tucker, Bismarck, N. D., for
Opinion by Spalding, c. J..
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-12-12
FREE TRIAL BOX COUPON

FREE TRIAL BOX COUPON
F. J.. Kellogg Co., 1853 HOhFmaSter
. Block, Battle Creek, Mich.
Send me by return mail, free of
charge, a 50-cent trial box of the
wonderful discovery for nerves,
Kellogg's Sanitone Waters. I en-
close 6 cents in stamps to help pay
postage and packing.
Name
Street or
City. State. ......
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-12-12
DON'T FORGET
The NUMBER

When you want expert dry cleaning,
pressing or repairing Of ladies' AMI
gentlemen's wearing apparel phone
$50. Best of service, work called for
and delivered promptly. Loomis a.
Loomis, 814 Front st. -Advt.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-12-12

The discovery that typhoid fever is
carried also by bugs and reaches adds
a few more things to be swatted,
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-12-12

state of North Dakota. Plaintiff and
Respondent. VS.. Denvc Woods, De-
PENDANT and Appellant.
!. In the light of the provisions of
El Paso herald. (El Paso, Tex.) 1901-1931, 1912-02-26
Fed on Certain Chemicals,
She Lays Eggs That
Stay Fresh.
CoIored Drinking Water
Makes the Chick Reveal
Egg Secrets.

Dr. Riddle-says the journal mentioned-has
found that the compound called "hexamethylena-
min" from which formaldehyde is readily formed,
can permeate the egg-membranes of the fowl
when it is fed to laying hens It undergoes de-
composition in the eggs in which it is deposited
and acts as preservative. It does not appear.
however, that the Agricultural Department has
yet undertaken to verify this claim that the hen
not only can be induced to increase her LAYING
capacity. but can be compelled to make her out.
put indestructible.
At present the ordinary hen. reckoned a fair
layer, produces only 12O eggs. If this average
could be raised to 200 eggs, the difference would
represent an additional S200,0000OO Der annum
to the American farmer.
That the idea of such a super hen IS M -,era
dream is proved by the fact that even TODAY a
good many individual hens do lay 200 or more
and one ambitious "biddy' at the Utah Exneri
ment Station not long ago made a record of al
eggs in a twelve MONTH
It is entirely conceivable that in the course
OF time the 50O-egg hen will become a fecn1d
TACT OF the tarmyard And when she has arrived
1t IS likely that, in order to keep al nor ire
mendous average she will lay ft0o ooos q day
on many days Of the year.
Inc Iact Is scientifically established that
hen IS born Tor hatched) with everv sgg in her
body that she viii ever lay-some GOO and odd
Sucn Delng the case, the aim of the breeder has
Deen 10 cause the bird to produce as MANY Of
these eggs as possible during the first two years
of her life
It is deemed possible however. that eventu-
ally strains OF chickens may be developed which
will have q greater potential egg-laying capacity
meaning thereby that the hens will he pro
El Paso herald. (El Paso, Tex.) 1901-1931, 1912-02-26
WOLTnE
-OMANCES
FIUR

my statues, a party Of men came along anu
asked me what I was selling.
"The clay model, the statue, the Hon. In7
tiger. the wrestlers, the Venus" l said
That's all right" said one OF the men,
big fellow. who was evidently feeling very com
Portable that's all right; but can you sing
song?"
sang the famous tenor aria from q Pag-
liacei"
The man asked me my name and address
and said he would get me job in moving
picture show.
The next day I was engaged to sing at
nickelodeon in Chrystie street at SIS a week
Heavens. SIS a week! It seemed ike untold
wealth to me.
Two nights later. just as I finished my stunt
the boss OF the moving picture show told me
that a gentleman wanted to see me 1t was
MI Williams, and he said he had been passing
down He had heard me singing and had come
in to find out who It was. Then he asked me II
would like to sing in a big theatre
OF course, I said I would He tried nv voice
before lot Of gentlemen-musical cTiJics-and
then he said he would give me a contract for
wear at $500 week. I thought he vas soking
but when the papers were drawn up and I saw
with my own eyes that was really to get that
fabulous amount my eyes became so iull of
tears could hardly see to sign my name
But it IS true 1 have actually received nv
first weeks salary. know what it is now TO
earn real money. Ny wife can now have fine
dresses We have already moved to a real
apartment We don't have to cook our meals
over a lamp any more-we don't have 10 cook
them at all, for my wife now has a msidi
Is II any wonder that when I an awake II
seems Ike dream, and it's only when 1 90 to
sleep that things seem natural?
El Paso herald. (El Paso, Tex.) 1901-1931, 1912-02-26
Old

small white eggs in a year From her are de.
rived all Of the main varieties OF chickens
known to-day, some Of them of giant size. The
weight Of the animal. the size Of the egg, and
the number OF eggs laid have all been multiplied
by six
To show how easily the farmer may cug-
ment his egg output by such means. recent
bulletin issued by the Department Of Agriculture
speaks Of the work done by Twenty-Five outlets
Matched last April at the Maine experiment sta
ton and picked out from among their sisters
for no reason except that they were first to
snow signs Of laying OF wanting TO lay. They
were chosen because their combs were red. or
because they prated in everyday hen language
about the work they were soon going 10 do
Accordingly. they were carried to ne laying
house. marked with metal leg bands, each bear
ing a small tag with a number, and so placed
as to have access to the trap" nests.
Now mark the results. The poorest layer OF
the lot laid 137 eggs the first season; eighteen
laid more than 100 eggs. and eight laid 0UeT zoo
eggS-the average OF the flock for the twelve
months being $50 eggs. In other words, the
flock contained no poor layers but a phenomenal
number Of high layers.
This is a method which, obviously, any
farmer can adopt for his own purposes.
There seems to be a relation between the
shape Of a hen and her laying power. The ex.
perts have been trying to get at this with
scientific accuracy through the employment Of
the camera phOtOgraphing large numbers OF
fowls from different points OF view. Up C date
however. the work has not progressed far
enough to yield any very definite results