davidaulloa/AmericanStories huggingface dataset:
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-03-16

who aus the work TO be done to
see that such necessary precautions
are taken. 7l@5 & E@ ~
2. Where a telephone company con-
tracts with a laborer to dig holes
in the d~oor-yard of a house, under a
contract to furnish a telephone to the
occupant OF such house, and into
which hole someone else is to place
the telephone pole when the proper
time comes, it is a legal duty OF such
company to properly safeguard such
hole. and It is immaterial whether tho
laborer who digs the same is a serv-
ant or an Independent contractor.
8. There is a distinction betw cen
the liability for injuries resulting from
the work which is intrusted to be done
and the liability for injuries occasioned
by wrongful and careless acts done in
connection with some collateral work
or matter.
4. There is a natural presumption
that every n will act with due care,
and 1t cannot, therefore, be imputed to
a plaintiff as contributcry negligence
that he did not anticipate cuplable
negligence on the part of the defend
ant. .z.
5. 1t is not contributory negligence
as a matter of law, for a mother to
allow her children to play In the yard
while a telephone is being put in the
house, and the necessary poles are be-
ing erected for the purpose. At the
most the question is one for thu Jury,
and NJ for the court.
6. In a suit under the statute for
damages to the parents occasioned by
the death by wrongful act Of a child
OF 3h years Of age. where there IS
proof that the child. at the time of
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-03-16
Drink, Says McGraw
to Aspiring Baseball Youths

quit. And so On down the line of
other players who have drank them
selves to ruin. However, sometimes
when a player is getting stale" I give
him a little ale after his meals. Smok-
ing, also. is bad for the wind.
Another trouble we have with play
ers is drinking water on the field. This
is what we cali the water habit"
Drinking water while playing makes
a man bulky and may result in cramps.
If a player gargles his mouth while
playing it really does him as much
good, if not more, than to swallow.
] advise my players to eat only two
meals a day and never eat lunch. I
have not eaten lunch for ten years,
even during the winter months. If
one must eat, it should be a sandwich
or light lunch before playing; a hearty
dinner may result in cramps the same
as drinking water.
l am not in favor of winter training.
The less training a player does in
winter the better off he will be for
the seasons work. I'm not in favor
of indoor training of any kind. This
is b the country boy has the ad-
vantage. He works in the open air
and a stand harder work than the
city boy. If one must have winter
exercise, play handball for the wind,
However, if possible running should De.
practiced on the roads.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-03-16

the accident, was in good health. It IS
not necessary to a recovery OF dam
ages that mortality tables shall be
introduced in evidence In order 10
prove the life expectancy Of the de-
ceased. Such tables are admissible
both at the common law, and under
section 30S, r. c. 1905, but their in
PRODUCTION is not Indispensable. The
courts also may take judicial notice OF
such tables and may instruct the Jury
accordingly.
Z. The question as to whether II
was negligence for a telephone COM
pany to leave unguarded a telephone
pole hole four and one-half feet in
depth, and twenty inches square, in
the d~oor-yard Of a farmhouse in which
Its servant knew that children were
playing, Is q proper matter for deter
mination by the jury, under all of the
circumstances OF the case.
s. A child 31s a Of age, a
not, itself be charged with c~ontribu-
tory negligence.
(Syllabus by the court).
Appeal from the district of RichIand
county, Allen, J.
Action under the statute to recover
damages caused by death by wrong-
fbul act. Verdict directed in favor OF
defendant. Plaintiff appeals.
Reversed and a new trial granted.
w. S. Lauder, attorney for app
peIlant: Purcell e. Dtvet attorneys for
respondent.
Opinion by Bruce, j.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-03-16
How to become a big league player.


How to become a big league player.
Well, the less you remember about
the game, the better off you'll be.
What we want to teach you when you
try for the giants is the game and
how to play it.
If you have speed in your legs, in
your arms; If you are physically
strong, know human nature. don't
drink or keep late hours, don't use
tobacco, you'll make a ball player.
When / send my scouts out to look
for material the last thing I say to
them is: Get the men with the phys
ical qualifications and I'll make the
players out Of Them
Some of the best ball playing ma
terial is found in the small towns. BY
this I do not mean b~riIliance, but
ability. I would rather have a steady
PLAYER thar one who spurts and plays
to the grandstand. A player recruited
from a college or high school usually
thinks he knows enough about the
game already and needs no further
tutoring. The country boy, as a rule,
want to learn and is willing to be
taught. However, college men often
make good players.
Drink is the bane Of baseball. It has
ruined some of the best players-Bugs
Raymond, for instance. There is the
best man that ever donned a suit.
Drink ruined him. When I heard
Bugs was drinking I put a detective
on his trail. He made daily reports.
His first report vas that Bugs drank
tWenty-four glasses of beer before
dinner. I fined Bugs 800. The next
Gay Bugs drank twenty-six glasses
of beer. / fined him another 500.
Then Bugs n to me and said:
I'm getting so much In debt to you
that 1t won't pay me to play ball" He
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-03-16

Fortunately. an old, long, haif-sunk-
en- log lay near the scene and Smith
and KIllifer were able TO reach It In
time to save their lives. The boat,
which had filled with water, drifted to
them and they baiIed it out and then
rowed to shore
They related their story Of the af-
fair to other members of the Min
neapolis club when they reached the
clubhouse at the lake and declared it
was the closest they had ever come
to drowning. Dry clothes were given
the two players and they are none
the worse for their experience.
Smiths gun was lost, but fellow
players recovered 1t by diving. All
ammunition was lost, however.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-03-16

bases filed and catch the batter nat
footed.
A few years ago Rhoades was pitch
ing against Detroit. Cleveland had a
two-run lead, the bases were filed,
two out and Sam Crawford up.
Rhoades began resorting TO his every
trick, and finally reached three balls
and two strikes, although he protested
two called balls, believing he had
famed Sam. OLoughlin couldn't see
1t that way. Crawford hit the next
one for three bases, putting the tigers
in the lead. Rhoades was o r On
""Silk." Walking up to the plate he
remarked:
"You must have a bet on Crawford
to lead the league"
Not yet, but l would get one down.
II he had to bat against pitchers like
o every day." said O'Loughlin.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-03-16

requested; nor does the statute pre-
vent n court from instructing upon
q theory OF the opponents case in
connection with each separate re-
guessed instruction, as to the subject
matter Of each request, that both sides
or the case may be covered without
repetition, when all matter embraced
IN requests is covered by instructions
formulated by the court or when tho
requested instructions are given in
terms as requested.
3. Certain requested instructions
were properly refused.
8. Certain assignments on instruc-
tons not considered, because not based
on any exceptions taken and flied 10
the oral charge given and within fine
statutory twenty day period therefor.
Z. Motion for directed verdict for
defendant made at close of the case
was properly denied, as substantial
conflict existed in the evidence carrv-
ing the issues to the jury for deter
mination.
(SyllabuS by the court).
From q Judgment for plaintiff en-
tered in the district court OF Dickev
county, Allen, J., defendant appeals.
Affirmed.
Opinion by Goss, J..
Ball, Watson, Young & Lawrence.
and =. I. Conmy, attorneys for APP
pellant.
v. s. Lauder and Jas. M. Austin.
attorneys for respondent.
Louis RuehI, administrator of the es-
fRfa nF Tn1Eio pYVnLf - 4.
plaintiff and appellant, va. Lidgerwood
Rural Telephone Co., a corporation,
defendant and respondent.
1. Where, in the making of an Inn
provement, 1t is manifest that injury
Is likely to result unless due 6
lions are taken, a duty rests upon him
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-03-16
Dusty Always Peeved at
His NibS--The One Grand "UmpS''

DUSTY" Rhoades, who had a big
year in the American Association last
summer, is one OF the hardest pitchers
in the country to work behind. Any
number who had more stun than
Rhoades during his time as a big
Lacquer, but few harder to beat.
Rhoades understood pitching. always
studied his batter, and took advantage
of every weakness.
Rhoades had a good curve, fair
speed, a slow ball, one a trifie slower
and a fine change of pace. When
some one asked him why, he replied
that he didn't care to have an in
fielder killed.
Dusty tried to make the batter
hit a bad ball. It's nothing out of the
ordinary to see him slip up a foater
with the count three and two and the
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-03-16
HAVE NARROW c A

Hickman, Ky, March 16.-Wilbur
Smith and Wade Killifer of the Min
neapolis baseball team had a narrow
escape from death in Reelfoot lake,
near here, when their boat capsizei
and the occupants were left in the
water. The accident occurred late in
the afternoon.
The escape of the two players was
miraculous in every sense of the word.
They were fishing in about eight feet
of water while a heavy rain was fall
ing and the boat capsized before the
players could make any move to pre-
vent 1T. "
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-03-16
Decisions of the Supreme Court

In the supreme court, state of North
Dakota, October, 1911, term.
William G. Schafer, plaintiff and
and respondent, VS.. Pontus Olson and
Clinton d. Lord, defendants, and Pom
tus Olson, appellant.
/. PLAINTIFF, a resident Of Illinois,
entered into a contract through COR
respondence, agreeing to sell defendant
Olson lands in this state, no place hav-
ing been agreed upon for closing the
deal. Defendants agent, in a letter
accepting plaintiffs offer, among other
things said, I'VE enclose a warranty
deed which you can execute and have
your Elkhart bank send to the Peo-
pies State bank of Lakota and we will
take same up" Plaintiff acted on such
suggestion and not only sent to the
Lakota bank the deed but also a sight
draft for $4,000 in q letter containing
specific instructions to deliver Same
or payment of such draft and to remit
by New York or Chicago exchange.
Held, that the bank al plaintiffs
agent for collection of such draft and
the contamination OF the deal by the
delivery OF the deed.
2. One b, acting on defendants be-
half, gave to the bank a check drawn
on BIS account therein, in payment of
such draft. Such check was accepted
by the bank and the deed delivered,
but no remittance to the plaintiff was
made. BIS account at the time showed
a balance of $4,000. Eight days there
after the bank ceased doing business.
Held, there being no proof that the
hA~I u..~- fa-1vrr--4
was accepted, that the giving and re-
ceiving of such check constituted q
payment of the draft.
(SylIabus by the court).
Appeal from the district court of
Nelson county, Templeton, J.
From a Judgment in favor OF plant
if defendant appeals. Reversed.
Fl. A. Libby (Scott Rex for counseIS
for appellant. Erich & Kelly, for re-
spondent.
Opinion by Fisk, J.
Joseph r. Fawcett, pIaintir and
respondent, VS.. Bayard z. Ryder, de-
PENDANT and appellant.
In an action for negligently placing
plaintiff, a patient of the defendant
physician, upon or subject to contact
with a hot water bottle, causing injury
by burning, and while plaintiff was
unconscious after an operation upon
him for appendicitis, 1t is held:
1. The question OF negligence was
for the jury to determine under all the
evidence.
2. The negligent acts OF the nurses,
defendants employees in a private hos
pital run FOR profit In connection with
the practice Of medicine and surgery,
by a physician and surgeon as owner
and proprietor thereof, renders the
physician hospital owner liable as a
master for acts Of servant nurses res
suIting in injury TO o patient who has
for hire entrusted himself to defendant
FOR professional treatment and hospital
nursing.
3. Evidence is sufficient to sustain
the jury's finding that piaintiff was
injured by coming in contact with 4
hot water bag through the negligence
OF defendant.
a Sec. OH. r. @. 1906. providing
that written requested Instructions
shall be- Endorsed by the court as giv-
en- OF refused, and then 10 given or
refused without modification EXCEPT by
consent OF counsel. does not require
the court To give o long series OF xe~
questsd Instructions ia the oeder AZ
&
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-03-16

the club.
The ball park will be remodeled
and put into .rst class condition with
a new set of bleachers to add to its
perfection. Two fast minor league
players from Chicago and two from
Milwaukee have been signed. A pitch
er who heaved them over for Omaha
in the Western league last season has
been secured as on of the slab artists
for the gate city club with two fast
semi-pro stars from the twin cities.
The names of these players will be
given out later.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-03-16
Fargo to Have Baseball This Year
Seven Crack Diamond Stars Signed
management viii Give Out Final Details in Few Days Along
win the Names Of Playrs-Fargo Lovers Of National
Pashme Assured Winning Club VIII Represent Civ

practically every minor detail has
been arranged to give the gate city
overs Of the great national pastime
a fast snappy squad of diamond stars
to represent the city this season.
1t is a little early in the season
and the management at present will
withhold the long list of candidates
who are after positions. Many stu
dents at Fargo college and the A. q.
institution will be given a tryout and
If they succeed in making good, they.
will be retained on the payroll Of
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-03-16
M'eRAW's MAxlMe.

Forget what you know and
learn yer.
Don't drink.
Eat two meals a day.
Don't drink water on the field.
The less training in winter the
better.
Indoor training doesn't help.
A steady player is better than a
"grandstand" player.
A country boy is better material
than a college boy because he
doesn't think he knows it all.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-03-16
MIDGETS GET The
BASEBALL FEVER
A SURE SIGN OF sPRINe-THE
STOVE LEAGUE DIsBANDs AND
ALREADY PLANS ARE UNDER
WAY TO GIVE THE FARGO HIGH.
SCHOOL A DIAMOND SQUAD.

A sure sign Of spring. The base
ball fever has struck the high school
and is spreading among the midgets
at a wonderful rate. Although plan
ming is about all that is possible at
the present time. yet a feeling of
restrained excitement prevails among
the youthful athletes and the first
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-03-16

Washington, D. c., March 16.--Is
professional baseball operated as a
trust? Ii SO, ought congress and the
state department investigate it in the
interest OF the fans the same as the
government lis now investigating the
various trusts in the interest Of the
consumer?
Rep. Charles Gallagher, of Chi
cago, has introduced a resolution
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-03-16

1t is said that 44,5OO letters find their
way every day into the dead letter of
fee. and yet there is no sign OF a de-
crease in the number of bills we get.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-03-16

Harry Wolverton. New York Amer
lean manager, is trying to reconcile
Gabby Street to his transfer from
Washington. Gabby has no team
work in the head-anybody ought to
be glad to shake Washington, especi-
ally in view of what the browns are
going to do to 'em this year.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-03-16

asking for such an inquiry. The reso-
luton calls for a special committee Of
seven members.
Special political significance at
taches to the resolution because OF
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-03-16

Del Gamer, Detroit first baseman, Is
said to be back in the same condition
he was before injury last At
that time he looked like a phenom.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-03-16

the fact that Charles p. Taft, brother
Of the president, is known as the prin-
cipal owner Of the Chicago National
league team and a big factor in base
ball, Ban Johnson and Garry Herr
mann are, Of course. owing to their
positions, the two dominant factors
in the baseball world and should an
investigation be conducted, will be
among the principal witnesses called.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-03-16

Roger Bresnahan is reputed to have
told a Pittsburg writer that he ex-
pected the pirates to finish first in the
National league. Important, If true,
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-03-16

Looking out the thirteenth story
window at z a. m. we wish we were
in the sunny southland. At noon we
changed our mind.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-03-16
HOT FRoM H BAT.

Indianapolis fans gave a dinner 70
Jim Burke, manager. Jim did not
make a speech.
Muggsy McGraw says don't drink Il
you want to play baseball. He ought
to know-he had Bugs Raymond on
his team.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1912-12-05
RECENT RULING AN ERROR

Huron, Dec. IA recent dispatch
from Pierre announcing that the sec
rotary of states office has ruled that
the new party law does not go into
effect until 1914 is an error. The sec
rotary of states Office telephoned r.,
o. Richards that the law goes into
effect December s, 1912, when the
state canvassing board will announce
the official results. All sections of it
become operative at once except such
sections which specifically give dates
which determine otherwise.
Any applications to appoin,ive Off
ces can be filed with the party nation
al committeeman, state chairman OF
with any member of the state central
committee meeting at Pierre, Decem-
Der 10, 1912, for the legal Official party
endorsement.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1912-12-05
SUPREME COURT.

4 In the Supreme court Tuesday OPP
inions were handed down in the fol.
lowing cases:
BY Smith F. A. Strab vs.. Lyman
Land and Investment CO., Lyman
Affirmed. Buffalo, Pitts Co., VI
William Doeg, Beadle. Reversed.
BY Corson Michael McManus VS.
Mark Maloy, Affirmed. State vs.
Carl Hotter, Charles Mix, Affirmed
By Whiting John w. Tuthil
Lumber Co. W. William McMackir
and County Of Nice Cook. McCook, Re
syersed. Frank A. House vs. g. & N
Nv. Ry Co., Pennington. Affirmed.
BY McCo g. g. Doudel VS.. j. n
Wolf, Brnle, Affirmed. David NJ
Dorset vs Black Hills Traction Co
Lawrence, Affirmed. Thomas w
Fotheringham vs. Frank NJ. Lock,
hart. Douglass, Affirmed.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1912-12-05
EXPLOITING THE WEST.

the opinion in Washington seems to
be that the exploitation of the achieve
Iments and resources Of the great West
II the San Diego Exposition will be
something never before accomplished
in satisfactory manner, and that IT
will be a tremendous success, az San
Diego plans it.
It was learned here with satisfaction
that Utah had decided to make an ex-
hibit and that a site for the State build
ing had been selected.
Surprise would be felt if any State,
especially in the region beyond the
Mississippi, failed to take advantage Of
the opportunity that San Diego offers
Of showing the world what it has done
and what it offers to settlers and to
capital.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1912-12-05
HISTORIC MISSION TO GO
Religious District, Scene of EARLY In
dian Raids, to Lose Identity.

Religious District, Scene of Early In
dian Raids, to Lose Identity.
At the recent district conference OF
the Methodist Episcopal church the
drastic changes made by Bishop N.
Luccock marked the discontinuance of
one of the oldest missions in the
country.
By a unanimous vote of the con-
ference the historic Black Hills mis-
sion was consolidated with the Da-
kota conference and the mission,
which is thirty-two years old, will go
out of existence.
In it's early history several mission
aries were victims of marauding bands
of Indians and the grave of Rev. P.
Smith, who was shot from ambush, is
marked with statue of the pioneer.
Another of the early leaders was Rev.
P. Dolliver, brother of the late Sen
ator Dolliver of Iowa. The mission
was established by Bishop Warren
and will scarcely outlive it's founder,
who died in Denver last month.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1912-12-05
TlLLAeE DRY FARM SECRET
Must BE Good az to Time 80 Well az
to Amount and ouallty-keeps
Moisture In Soil.

Dry farming was the term originally
used to describe the methods OF farm
ers In generally irrigated country who
cultivated land above the level Of the
irrigating ditch. or in nonirrigated
sections where the annual rainfall
was less than twenty inches.
1t has been shown by actual expert
ment that twelve inches of effective
rainfall during the growing season OF
wheat planted in soil In good condi-
ton as to moisture should produce
yield OF forty bushels to the acre, and
that, on the same basis, twenty-five
bushel yield might be expected from
b rainfall Of rs inches. In most OF
the arid and semi-arid sections OF the
country the annual rainfall is in ex-
cess Of ten inches. The work of the
dry farmer Is to cultivate so as to re-
tain this moisture in the soil for the
use Of his crops.
Don't call 1t dry farming; speak
of 1t as good farming" said Prof H.
w. Campbell. In an address before q
dry farming congress at Minot, S. D.
The professor, who is sometimes
styled the father of the dry farming
method" went on to say that he was
no longer much concerned about COM
batting lack of moisture, but was try
ing to spread the gospel of good till
age and of bending every effort to-
ward increasing the yield.
Dry farming, In the technical sense
in which 1t has been used OF late
years, is impossible without good TIL
age. Good tillage-and that means
good as to time as well as amount and
quality-is the whole secret Of dry
farming. The system has, however.
produced crops In Utah and portions
Of Colorado and Wyoming where so
little rain falls that the drops OF a
season can almost be counted.
Dry farming saves the drops. 1t pre-
serves them from the thirst OF a blaz-
ing sun by cultivating dust blanket
over the soil which they have moist
ened to the extent OF their capacity.
The directions are: Plow about the
middle of June. Pillow six or seven
inches deep; some say twelve to four
teen, but this is determined by the
character of the SOIL This allows what
rainfall there may be to penetrate to
the subsoil. Subsequent and frequent
cultivation causes the formation of a
"dust blanket" which prevents surface
evaporation. Crops derive their nour.
| ishment from the moisture in the sub
soil. The latter serves the dry farmer
the same purposes that the reservoir
serves the irrigation farmer.
AS an example of crops grown under
dry farming methods, there are rec
ords for 1909 of 1872 bushels of As
pound oats grown on land cultivated
and stored with such moisture as was
| available, and In the succeeding year
when there was no rainfall after July
4 q, the yield on the same land was 81
bushels Of oats per acre, weighing 81
pounds per bushel.