davidaulloa/AmericanStories huggingface dataset:
Evening capital news. (Boise, Idaho) 1901-1927, 1912-12-12
ANOTHER COMMON
!. Law MARRIAGE
CASE IN IDAHO
Practice Of Obtaining Ii
cense in Idaho and Being
Married in Washington
May Be Recognized.


loaho mas oeVeioped announcer inter-
esting common law" marriage case
that may be aired in not only the dis
trot hrt tho s,rra,r. co,,r+ =, +tt.
sto+a q, .,,ot 80 NJ GA Mr.. poh.rt
NJ Mohh. ,,ho ,ya-o n,.r,,aa rar,
aays ago ~ p,I,n,an wash aster n
licsnso h,a beor .ec,,rad q, Idoho
M o.sa ,s ~ ona :. 10 .a,a .,oonv
= ,,,,r,ha. Not t.v. a.v.,or.d 4, tr.,
.o,,e .sct,on ~ tho .+ate counIos
r,na;,,r a. a..,.r 70 sec,,r. ,,,.rr,.ga ia
cansos tn Idaho u,her tbev live IN
wasl,;r.to,, th,, thew o.n In tba,r
hor,e ststs
pohart Moth. erd Mr.. poh.rt
Mohhs -. Na,,,a Ianh.r, - p,,,n,or
,,,ora ,,arr,aa Of p,,,i,,,,, ~, tho Rev
wv r. AT uay. nastor ~ Tho Irn,}ed
pr..h,,tar;on op,,rc,, -, PULLMAN On
49, r..,,rns -, ~ ,err,. 90 ,,,.d. to
AZ .o,,nt,, auaitor ~ yat.h cour+v
D., ua,,s ,,1.oaa ~. ,,,ora. "p,,Ii'
NOV count, wo.b IN The Mace
,,,hora ~ r.t,,r, reod. IN rr,,tod lat
tars "I atoh county Idabo',
Coror,ontire IN tbe com,on law
Evening capital news. (Boise, Idaho) 1901-1927, 1912-12-12
Land Office Films.

The following entries were filed In
the federal land office yesterday
Robert M. Gibson, Council, homestead
southeast quarter northeast quarter
section %. southwest quarter north
west quarter, west half southwest
quarter section %. township 18 north
range west. $50 acres; Walter J.
Davidson. Council. desert, southeast
quarter southwest quarter section g.
township 16 north, range~ IL west, "a
acres; David E. Braden, Cambridge
homestead, north half. southeast quar-
ter, southeast quarter southeast quar-
ter section 81 and southwest quarter
southwest quarter section 26, township
Is north. range 3'west, 100 acres; Ma
than l.. Smith, Meridian, homestead,
south half northwest quarter, north
half southwest quarter section 22,
township 2 north, range east. 100
acres; Chester A. Johnson, Nampa,
desert, east half southeast quarter Sec
ton s, township 2 north, range west,
so acres: Mary B. Miller. Boise. south
half northwest quarter section 2, town
ship / north. range 8 east. so acres;
David Fountain, Boise. desert, west half
northeast quarter, east half northwest
quarter, section "a. townships north.
range 5swest, 100 acres.
Evening capital news. (Boise, Idaho) 1901-1927, 1912-12-12
RECEIVER IS THE
PROPER PERSON
TO BRING ACTION
Supreme Court Renders De-
cision Involving Proceed
ure Against Directors Of
State Bank Of Commerce.

The supreme court Of Idaho holds
: that the receiver of the defunct State
Bank Of Commerce of Wallace. Of
which B. F. O'Neil, recently tried on
criminal charge. was president, Is
the proper person to bring suit against
the directors OF the banking house to
recover for funds lost by depositors,
and not the depositors. The ruling
ewas made in the appealed case of Ed
ward McTamany versus H. L. Day ct
al, directors Of the bank in which the
judgment entered in the district court
for Shoshone county is affirmed.
McTamany, one of the depositors,
brought action against the directors
to recover the amount Of his deposit,
1905. He charged in his complaint
the directors had looted the institu-
ton, paying dividends to themselves
during period of years prior to it's
failure, to the amount of the capita!
stock, 100000 and had thereby vir-
tually taken over all the deposits in
the bank. Seeking to make the direc-
tors liable for the amount Of the de-
posits McTamany instituted action.
and the litigation was viewed as a
test case to ascertain If the depositors
could recover from the directors direct.
The supreme court holds that the law
places in the hands of the receiver
the power to hold directors RESPONSE
BILE ard it is his duty to direct and in
stitute suits against them. The opinion
Is written by Justice Sullivan and
concurred in by Chief Justice Stewart
and Justice Ailshie. The district court
jurist affirmed is Judge w. w. Woods
Courts Conclusions.
The courts ruling is given in the
following conclusion reached in the
opinion:
IF the bank has suffered loss on
account of the direc tors having de-
clare6 dividends contrary to the pro-
visions Of section 1881, revised codes,
or has suffered loss in consequence
of the directors fraud, gross negli-
gencc or wilful breach of duty, after
such corporation is placed in the
hands OF a receiver 1t is the duty of
the receiver, as the representative of
all concerned, to proceed and collect
such illegal dividends and all other
claims ofN such corporation due the
bank by contract or caused by the
fraud, gross negligence or wilful breach
of duty of the officers thereof so that
whatever may be recovered may be
Evening capital news. (Boise, Idaho) 1901-1927, 1912-12-12

Wilmington. Del, Dec. 12.-1n COM
pliance with the order of tho federal
court. plan for the dissolution Of
the Du Pont Powder company, COM
monty known as the powder trust"
was submitted to the court here today
for its approval According to the
plan, the old combination is to be re-
placed by three newly formed corpo-
rations, to be known as the f. ]. du
Pont de Nemours company. the Her.
cules Powder company and the Atlas
Powder company. All three Of the
companies are to have their general
offices In this city, but the business
of each Is to be conducted indepen-
IDENTIFY OF the others and no one per-
son will be permitted to act as an
officer or director OF more than one
Of tho corporations.
Evening capital news. (Boise, Idaho) 1901-1927, 1912-12-12

properly distributed among AL Of the
creditors Of tho bank a. the law OF
court may direct.
IF the receiver fails or refuses to
do his duty in this regard. that mat
ter ought to be called to the attention
of the court and the court ought Il
compel him to do 30 or remove him.
1.-THE trial court did not err In
sustaining the demurrers and enter
ing judgment Of dismissal. The judg-
ment is affirmed"
No less than 10 northern Idaho at
torneys were interested in the case
The list Of counsel included A. O.
Kerns for McTamany; c. w. Beale
John H. Wourms, James e. Babb, J.
E. clyde, Walter H. Hanson and
Featherstone & Fox. for the directors;
and James A. Wayne and John p
Gray as friends Of the court
Serious Charges.
The serious charges made by Nc
Tamany are given in the complaint
and set out as follows:
That between April 2S 1906. and
July "a, 1910 the directors did un-
lawfully declare and pay from the
funds Of the bank, dividends amount
ing to $4,000; that the bank did
not at the time Of declaring the divi-
dends, have sufficient net profits or
surplus to pay them. and that $780,
600 of the dividends were paid from
the capital stock OF the bank; that
each of the defendants shared in the
distribution Of the dividends, and that
they could have known that the bank
did not have net profits or surplus
sufficient to pay such dividends, or
any part thereof.
"On July "a. 1910, the board OF d.
rectors of the bank. by resolution,
ordered paid dividend Of 10 PER cent
upon the capital stock Of the COR
poration, amounting to $4,000, and
the dividend was not paid from the
surplus profits OF the bank.
1.-THE defendants, O'Neii, E. r. Day,
Anderson Wyman, Nordquist and
Easton were present as directors and
did not cause their dissent from the
proceedings TO be, entered on the
minutes Of the meeting of the board
"On April 81, 1910. the bank filed
with the bank commissioner of the
state a, false and fraudulent report Of
its resources and liabilities, and on
Nov. 2. 1910, made another false and
fraudulent report in writing to the
bank commissioner; and that the bank
caused an abstract of said false and
fraudulent reports to be published in
Evening capital news. (Boise, Idaho) 1901-1927, 1912-12-12

New York, Dec. 12.-Walter M.
Chandler. who was elected to congress
from the Nineteenth district on the
Progressive ticket last month, ap-
peared In court today AZ defendant in
a suit for an accounting in the es-
tate Of the late Philip v. Myers. a
linen importer of this city. The suit
was filed by the widow OF Mr.. Myers.
In an affidavit filed with the court
Mrs. Myers makes sensational charges
against the congressman-elect Among
other things, she alleges that Mr..
Chandler induced her to employ him
as n lawyer by threats TO EXPOSE her
past life." and that in settling the es-
tate Of her husband he defrauded her
out Of $4,000.
Evening capital news. (Boise, Idaho) 1901-1927, 1912-12-12
A Good M.ssaas.

Meritol Tonic Digestive has proven
a good message to others. why not to
you? It acts first upon the stomach
strengthens the digestive organs. Gre
ates healthy appetite. and make.
rich. red blood. Imperts new life and
strength to the entire body. White
heads Drug Store. Adv. T TIL
Evening capital news. (Boise, Idaho) 1901-1927, 1912-12-12

Elegant line jewel Cases from rs
cents to $500. BUM JswsIry Store,
027 Main street. Adv.
Evening capital news. (Boise, Idaho) 1901-1927, 1912-12-12

Merftol Hair Tonic will do wonders
for your hair. Whitehead's Drug Store
Adv. T TIL
Evening capital news. (Boise, Idaho) 1901-1927, 1912-12-12

Boise people read tie evening papsr.
II you want results In advertising
pntronize the columns Of this paper.
Evening capital news. (Boise, Idaho) 1901-1927, 1912-12-12
Unhsppy Hssry.

Mrs. Peck-sHcnry, why aid you
feign sleep last night when I was talk
ing to your
Henry--"My dear. did not feign
sleep. though fam would have slept"
Evening capital news. (Boise, Idaho) 1901-1927, 1912-12-12

Baggage Transfer. Call ls IL in a
hurry Peasley Transfer & Storage Co
Phone No. 70. Adv.
Evening capital news. (Boise, Idaho) 1901-1927, 1912-12-12

email pieces Of Cut oiass, elegant
designs, 500 to $50. B1hn Jswslry
Store, sz7 Main street. Adv.
Evening capital news. (Boise, Idaho) 1901-1927, 1912-12-12
Detectives
and Doctors

Work along similar lines One seeks the thief who steals
uabes the other is after the thing that steals health.
Every in
vauables
regular hear-action, sleep,e
That why they patients too tea
Evening capital news. (Boise, Idaho) 1901-1927, 1912-12-12

Con w. !.esss, Watch lnspscsor o.
o. .. /. FOR 10 ysars. Thsrs's : rsssen.
Adv.
Evening capital news. (Boise, Idaho) 1901-1927, 1912-12-12

Subscribe for the Capital News.
Evening capital news. (Boise, Idaho) 1901-1927, 1912-12-12
Real Estate Transfers.


Godfrey Sporting ct ux to Effie L
Minton. 81; lot 10, block %. original
townsite Boise, and lot . and west II
feet Of lot 10. block !. Hillside addi-
ton to Boise.
e. c. Pfaffle ct ux to George H
wetter. $4,000; south half southwest
quarter northwest quarter, section IS
township north range east.
Newton J. Minton ct ux to I. W
Rich, $40; south half northeast quar-.
ter northeast quarter southeast quar-.
ter. section is. township north, range
u east.
Hans c. Hutteballe ct ux to John w
Boylan; east half north half lot .
block 20. SCOTS second subdivision.
John w. Boylan ct ux to Charles
Urquhart, $500; east half north half
lot 2. block 20, SCOTS second subdi-
vision.
Harry c. wyman ct ux to A. H
Tucker. 81; lot 3, block II. Pleasanton
addition to Boise.
Anna B. Cook ct ux to NJ. M. Lau-
derbaugh. 5000: east 80 feet lot II,
block 2, original townsite Boise.
Evening capital news. (Boise, Idaho) 1901-1927, 1912-12-12

! newspaper In The county q mo
shons, and that each Of tha defend
ants had full notice ana knowledge Of
The making. fillAe and publishing Of
these false and fraudulent reports.
1.-THE defendants during the period
Of their incumbency a. such direc-
tors, did unlawfully consent to the
loafing Of money Of the bank to the
officers and directors thereof and to
corporations owned snd controlled by
them, In an excessive and dishoneDt
manner and In Z manner mourning
great risk Of loss to the bank and ita
creditors. which loans actually caused
the insolvency Of the bank; that the
directors knowingly violated pro-
visions Of the banking laws Of the state
and thereby caused McTamany to de-
posit the money in the bank which
was subsequently lost"
Evening capital news. (Boise, Idaho) 1901-1927, 1912-12-12
FOR more than II years

Made of clean, hard wheat, Postum is true
food-drink. 1t contains no caffeine or other
harmful substance; but does contains the
Phosphate of Potash (grown in the wheat) re-
quired by Nature in rebuilding brain and
nerve cells.
The Barre daily times. (Barre, Vt.) 1897-1959, 1912-09-23
An Internal
Gift
By EUNICE. C. SUMMERS

Miss Martindale. looking over the
morning paper, remarked to her moth,
| err:
Dear me, so | am to be married.
Listen to this; The wedding between
Schuyler Van Horn and Helen Martin
dale will take place on the 18th inst. at
st, James church. Schuyler Van
Horn! I'm to get a husband with an
Rristocratic name anyway"
with SO many people In the world, "
said Mrs. Martindale, ito find names
for, it's wonder there are not a doz-
en- Helen Martindales and as many
Schuyler Van Horns"
Miss Martindale said nothing more,
scanning the society columns, thus
turning to the advertisement of lin
gerie.
Nevertheless the odd announcement
of the forthcoming marriage Of one OF
her own name affected her. A certain
Dick Owens and she had been what Is
in slang called spoons for some time,
and she thought how would she feel If
she saw a matrimonial announcement
with the name Owens substituted for
Van Horn.
There was no indisposition on the
part of Mr.. Owens TO see his name in
print linked with that of Miss Martin
dale, nor was Miss Martindale herself
SO indlsposed. Tlwre was, however,
a barrier between them In the person
of certain Martin Wynkoop, who had
made a great deal of money out of
patent medicine and whose suit was
favored by Miss Martindale's father.
It wns the old story of wealth and all
wealth can accomplish against, TO say
the least the mediocrity Of small in
come.
But since this Mr.. wynkoop was
short, fat, bald and homely and Dick
Owens was tall, slender. curly headed
and handsome Miss Martindale, who
was too young TO look far into the fu-
ture, infinitely preferred the latter. 1t
was her father who. with the usual
matter-of-factness of age and expert.
ence, stood In the way of loves young
dream.
1t was o'clock in the afternoon,
Mr.. Martindale had come back home
from business and was sitting In the
library looking at the evening paper
The doorbell rang and an express
package was handed in and receipted
for 1t was a square parcel about big
enough TO hold easily a large sized ap-
pie, addressed to Miss Martindale. The
butler carried it to her room and plac-
ed 1t upon a table before her. She
looked at the address and wondered
what the package contained. then took
up a pair Of scissors to cut the string,
when she heard a faint ticking. She
The Barre daily times. (Barre, Vt.) 1897-1959, 1912-09-23
BETHEL.

G. w. Berry returned to his home in
Charestown last week after passing the
summer at his home here. The first of
November the place is to be closed for
the first time in A. years, when Mr.. and
Mrs. Northrop leave here.
Rev. W. B. Reynolds went to Troy, \.
Y, Monday for two weeks vacation
from his parish work here, and during
that time will attend the lend annual
convention of the diocese of Vermont. to
be held at Bennington September 25 and
26.
Mrs. j. C. Burnett and Miss Bertha
Burnett left Tuesday for a trip of a
month to Rock Falls, ILL.,, Louisburg,
Kan, and Detroit, Mich.
Miss Ruth Carter, pianist at the Kid
der moving picture theatre, has gone to
Brattleboro to play in moving picture
business, recently bought by her sister.
The students of the Whitcomb high
school are arranging for lecture course,
the income of which will be used in de-
fraying the expense of the graduating
class to Washington next spring.
Mrs. Moses Glukey suffered a severe
shock of paralysis on Friday and is now
in a critical condition. Miss Margie
Jerd, trained nurse from Randolph,
is here taking care of her.
Mrs. w. w. Lawless of Hardwick is
passing several days with her parents,
Mr.. and Mrs. w. W. Wilmot, on Chris
tan Hill.
II. c, Parsons went last week to Skin
ner, Me-, where he has employment till
January in the lumber mills of Skinner,
French 4 company.
Donald Arnold is i'll with an attack of
pneumonia at the home of his mother,
Mrs. Martha Arnold.
A son, Hezekiah, was born September
II, TO Mr.. and Ass. Charles Poindexter
The father is an employee of the Wood
bury Granite company.
Mr.. and Mrs. c. D. Gushing and daugh-
ters, Leila and Ruth. motored Wednes-
day to Poughkeepsie, \. Y, where Miss
Leila remained TO enter Vassar college.
The remainder of the party went on to
Philadelphia to visit, Mrs. Cushing's
brother, NJ H. Harrington.
Mrs. Henry Matson has gone west for
a visit with friends and Miss Mayo is
looking after her household affairs.
Miss Josie Reed of Worcester. Mass,
is visiting her uncle, George Sanspra.
The ladies of the Congregational
church will hold their annual fair, Oct.
10 and H.
Miss Mary Quimby has returned from
Peacham. where she has been employed |
for the last three months.
The Barre daily times. (Barre, Vt.) 1897-1959, 1912-09-23
EAST BARRE.


The ladies' auxiliary will meet with
Mrs Frank Tucker Tuesday afternoon
of this week.
4. r. Lilley of Hyde Park was the
guest of Mr.. and Mrs NJ. J. Whitcomb
Friday of last week,
Winona council, No. 8, d. of p, will
hold its regular meeting on Wednesday
evening of this week.
Rev. J. w. Berger and wife of Newport
Center, who have been attending the
Baptist association at Tunbridge were
the weekend guests of Mr.. and Mrs. A.
c. Dickey.
The woman's auxiliary of the Con
gregational church will serve a harvest
supper in Odd Fellows hall Friday even
ing of this week. Supper at ) o'clock
and until all are served Program and
social time after the supper. Everybody
invited to attend.
Rev. c II. Merrill of st. Johnsbury
occupied the pulpit of the Congregational
church Sunday. He was the guest of
MIR. and Mrs. A. c. Dickey while in
town.
The play entitled THE Old-Fashioned
Husking Bee" will be given one even
ing of the Washington grange fair.
Miss Florence Whiteomb, who is on
her way home from Old Orchard. Maine,
spent the past week at the home of her
brother, NJ. J. WhitcOmb.
Mr.. and Mrs. A. NJ. Whiteemb and two
children of Hyde Park spent several days
the past week at the home of their son,
Myron j. Whiteomb.
The Barre daily times. (Barre, Vt.) 1897-1959, 1912-09-23
Looking Ahead.

The hotels In Baltimore were some
what rowded-somewhat the
Democratic convention. and service in
some of the restaurants was slow.
One morning big. well dressed man
walked into one of the hotel dining
rooms and pounded on the table. The
captain Of the walters and a waiter
came over.
Breakfast card" ordered the big
man.
They gave him a card and stood at
attention, whereupon the guest pro-
ceeded to order a most ornate break
fast. When he had finished he looked
OYER the captains record of the order
and approved IL.
We'll serve 1t right away, SIR"
Serve it right away roared the
big man. who asked you to serve 1t
right awayf I'm ordering this break
fast now for tomorrow morning!"--
Saturday Evening Post.
The Barre daily times. (Barre, Vt.) 1897-1959, 1912-09-23
Wasn't a Success as a Salesman.

Wasn't Success as a Salesman.
The young man who was down and
out to the point of desperation was Of
fered job by an installment house.
This house made a speciality Of eight
day clocks, which could be had for
small payment down and small pay
ment each week. The young man ad-
mitted that he never had tried can
wasting, but, with one of the large
clocks under his arm, he gamely start
ed out to make house to house visit.
At the first house hard faced wom-
an met him at the door. The young
man downed the lump In his throat
and asked nervously:
Madam, have you clock?"
Yes, I've got clock" snapped the
woman, surmising the mission of the
canvasser
Her riotous response completely I'M
nerved the new canvasser.
"All right. all right" he answered
quickly "Will you tell me the time?
/ want to set this one"
Then he went back and quit.-Kan-
sas City Star.
The Barre daily times. (Barre, Vt.) 1897-1959, 1912-09-23
Mrs, Murphy's Ide.

There were two suitors after Mary
Ann Murphy's hand. One was Grocer
O'Flaherty, whom her father and
mother strongly urged her to marry,
and the other was Saloon Keeper Fin
negan. Mary herself favored the latter
and married him despite all her father
and mother could say and do.
One day after she was settled In her
new home she came down to see her
parents and exhibited a new gold
watch her husband had given her.
"Ah" said her mother disapprov-
ingly. IF We tuok my device and
your fathers device. Mary Ann, 'tisn't
a gould watch ye'd be havin' In yer
pocket, but good eight day Clock
Judge.
The Barre daily times. (Barre, Vt.) 1897-1959, 1912-09-23

took the thing up and carried 1t dow
into the library.
Father" she said, some one,
know not who, has sent me package
and can hear ticking
Drop it"'
| The package fell from Miss Martin
| dale's hands on to the floor, where
lay motionless. Mr.. Martindale mad
dash for the door and, Selling hi
daughters arm as he passed, dragged
her with him out of the room, not stop
ping till he had put wall between
them and the package.
What do you think it is?" asked
Helen.
AN Internal machine, of course"
"Who could have sent it,"
Your name on 1t is blind. II was
intended for me. There are several
reasons why certain persons whose de
mands have ignored might send me
such thing. Are you sure you heard
1t tickingf"
Certain"
go and telephone for the police"
At that moment there was another
ring at the doorbell, and who should
appear but Mr.. Dick Owens.
"oh, Dick" called Helen. Hurry
past the library. There's an Internal
machine in there. Somebody, / don't
know who, sent 1t to me-
Mr.. Owens stood a few moments
gaping at Helen and her father, who
were in the rear end OF the hall, then
asked If he might see the thing.
without waiting for reply he walk
ed into the library. looked at the pack
age lying on the floor picked 1t up and
put 1t to his ear. He smiled, Being
something of a mechanic, he knew
that the ticking was too delicate for
an internal machine. 1t was probably
a watch.
He carefully opened 1t and found that
1t was a watch--a lady's watch-and
with 1t was visiting card with the
names of Mr.. and Mrs. Joseph b.
Ward, persons of whom he had never
heard. Helen bad told him OF the
dhh iC ltANA
red at once that IL was wedding
yift intended for the other Miss Mar
tindale.
An idea popped into Mr.. Owens
head. He would make some capital
with Mr.. Martindale.
"I'il take the thing home with me-"
ae called, "and disarrange the clock.
work"
"Don'tr cried Helen, in agony.
you'll be blown sky high" called
Mr.. Martindale.
Nevertheless Dick went out with the
box, and In half an hour a telephone
message came
"Have opened the box and removed
The contents. / congratulate you on
-FOUR escape"
"By Jover' exclaimed Mr.. Martin
ialc. "What a man that Dick Owens
81
And he forthwith withdrew his OBJ
lections to Mr.. Owens as a son-in-law.
Mr.. Owens forwarded the wedding
tiff to Its proper destination.
The Barre daily times. (Barre, Vt.) 1897-1959, 1912-09-23

That the prosecuting authorities OF
Washington county did not desire to call
session of the grand jury at the Sep.
TENDER term of county court calls atten-
ton to the satisfactory conditions he-c-
abouts as regards criminal matters oil
magnitude. This failure to call the
grand jury session may be ascribed 10
the lack of serious criminal causes. May
we continue to behave as we'll as we
have behaved of late.
The Barre daily times. (Barre, Vt.) 1897-1959, 1912-09-23

The newspaper writers at the State
House, who have been forced to do their
hurried work in any corner that they
could find without imposing too much
on committees and state officials, will
appreciate the act of Sergeant at Arms
Parsons, who has fitted up an exclusive
room under the dome of the building.
The reporters never have had half a
chance to do their work at the Vermont
legislature, because they have been
kicked about from room to room by the
various committees. A room to be used
only by themselves will be great adj
vantage.