davidaulloa/AmericanStories huggingface dataset:
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-03-06

that the plaintiffs could safely make.
and it is held sufficient.
5. The complaint alleges sufficient
words of s~cienter, which words are
set forth in the opinion.
6. Complaint examined and held
that it alleges that the plaintiffs re-
lied upon the representations of de-
PENDANTS and would not otherwise
have entered into the same.
7. Held, that the complaint suffi-
GENTLY alleges that defendants repre-
scented hat they would convey to
plaintiffs a one-half interest In the
said nursery stock.
s. The contract which is attached
to the complaint, shows that the de-
interest in said nursery stock, and,
when read in connection with the
complaint, is sufficient to show that
such allegations were material,
8. The complaint alleges that the
property parted with by plaintiffs was
worth $4,000 and that they have re-
ceived nothing in return. This is suf-
icient allegation of damages.
10. Held, that the complaint alleges
that the plaintiffs relied upon the false
: representations OF the defendants.
II. The complaint alleges that the
| defendants had .wrongfully obtained
possession of the deed from plaintiffs
| which was to be deposited In escrow,
and asked that said deed be cancelled.
Held, not to be a statement Of a con-
clusion of law. .
II. Where the complaint shows that
the defendants have parted with
nothing of value, it is unnecessary to
allege that they have been placed in
status quo.
13. Not grounds for demurrer that
the complaint does not show that the
defendants knew more about the value
of the nursery stock than did the
plaintiffs.
IL. Defendants claim that no fraud
could have been inflicted upon the
plaintiffs by the making out of an ex-
eCutory contract. The fraud alleged is
sufficient to justify the court in set
ting aside the contract itself, and the
further allegation that defendants
have wrongfully obtained possession
of a deed to plaintiffs land Is sufl-
cient allegation of damages to sustain
the complaint.
Appeal from the district court OF
Ward county, Leighton, J.
Affirmed. Opinion of the court by
Burke, J.
r. B. Lambert and George A. Nc
Gee for appellants; Noble, Blood &
Adamson for respondents.
Goss, J., being disqualified, did not
participate.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-03-06
A USEFUL YOUNG MAN.

One reason for the increased cost Of
living is that there are too many peo-
pie in the cities and too few on the
soil-too many middlemen and traders
and too few producers. Back to the
land" is a slogan that will become more
rather thar less important in the So
luton of the problem of securing a de-
cent living for all.
Young Vincent Astor is following the
path of the junior Rockefeller. He
wants to be useful. He had a long
talk with Governor Sulzer of New
York about his ambition, and the gov
ernor pointed out many fields of en-
deavor. To the honor of young Astor
be 1t said that he chose the opportu-
nifty nearest at hand. He is reported
to have said to the governor: Il have
n OF the finest farms in the state,
My father never did anything with it.
I am going to make hat farm an ex-
perimental farm along experimental
farm lines, and everything I do there
will be told TO the people of this coun-
try"
There is too much land living idle
and there are too many people idle fol
lack Of land. Farming is still difficult
1t is a mans job. But it is no Longer
grind only. Leisure and culture have
come into the farmers life. In indus,
try waste products are now used to ad,
vantage. There is more waste land
that is unproductive land, lying abou
than is generally realized. If younl
Astor helps\to get more soil in use ant
more out of the soil that is in use, h,
will make good his wish to BE o
service to society"
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-03-06
SAYS SAGE TEA MIXED WITH
SULPHUR RESTORES NATURAL
COLOR AND LUSTRE.

Gray, faded hair turned beautifully
dark and lustrous almost over night, is
a reality, if you'll take the trouble TO
mix sage tea n sulphur, but what's
the use, you get a large bottle of the
ready-to-use tonic, called "Wyeth's
Sage and sulphur Hair Remedy at
drug stores here for about so cents.
Millions of bottles of "Wyeth's' are
sold annually, says a well-known
druggist, because it darkens the hair
SO naturally and evenly that no one
can tell it has been applied.
You just dampen a sponge or soft
brush with Wyeth's Sage and Sulphur
and draw it through you hair, taking
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-03-06
Mans First Appearance.

Manchester Guardian: DR.. Arthur
Keith delivered a lecture before the
Britlsh association On Modern Problems
Relating to the Antiquity of Man. After
referring to the storm raised when. Sir
Charles Lyell at the British associa-
ton meeting OF 1850 announced that "a
work will very shortly appear by Mr..
Charles Darwin, the result Of twenty
years observation and experiment"
and that the evidence which has ac-
cumulated made it probable that man
was old enough to nave c~o-existed at
least with the Siberian mammoth" DR..
Keith said that this was now the ac-
cepted and orthodox opinion Of the vast
majority of thoughtful people. But in
every movement Of that kind opinion
tended to become fixed and onven
tionalized, and then a new he~terodoxy
raised its head. That was the phase
we seemed to have reached now.
cannot cite a more stalwart or
distinguished representative of the or
thodOX opinion of today than Professor
Boyd Dawkins OF Manchester. In his
opinion the history of man does not
extend beyond the Pleistocene period
the phase OF the earth's history which
immediately precedes the n in which
we live. He accepts the fossil man OF
Java Pithecanthropus-a being with a
brain a little more, than half b size OF
d moaeTn mans as representative OF
Pleistocene; before the end of that per.
tod men of modern type appeared.
Men who have studied the transfer.
nations effected during the p]leistocene
period have formed varying estimates
of its duration, but we may safely
adopt as a moderate figure the 400, O0C
years given by Professor Sollas at &
meeting of this association in 1900
We may accept, then, as the orthodox
opinion of today that the dawn of thu
livery earliest form of humanity lie.
400, 900 years behind us. For a repre-.
sentative of modern heterodoxy-a.
far as relates to the, antiquity Of man
we cannot do better than visit tn
Royal Natural History Museum il
Brussels and follow the guidance of M
Rutot/ = NJ. Rutot is convinced
that he has traced man, by means o
his colithic culture, not only to tn,
commencement of the P~leistoncene, blu
into n through the two long geoiogi
cal periods which preceded the Pleis
tocene-the Piocene and Miocene-anC
even well into the formation of tn
still older period, the Oligocene. In M
Rutot's opinion the origin of mankint
must be assigned to a time as earl.
as the Qligocene period, Professo,
Sollas has made a provisional estimat
of 100000 years for the Piocene, am
100000 for the Miocene. On this crud,
estimate the heterodox opinions as t.
the antiquity Of man must be placed a
over 5000, 900 years. 1t Is only lust t.
NJ. Rutot to state that he would by n
means agree to the estimates given b,
Professor Sa1las.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-03-06
eEsT POEM


Chicago Inter Ocean; Cincinnatui
Joaquin" Miller, who died in Califor.
mia Monday in his 73rd year
was very much of a literary poseur
and yet withal something OF a reai
poet. =,
His actual life was by no means as
adventurous as his verses suggest, OF
as he let his admirers think 1t was
when he strutted the streets Of Lon
don and other cities in the payoniC
gala dress OF the Mexican vaquero.
There Is nc reliable evidence, fol-
example, that he participated in the
Walker tilibustering expedition to
Nicaragua. He just chose to make g
personal hero of walker, as he did OF
the Mexican Cutthroat whose christian
name he assumed.
Yet had he in him some spark OF
the divine fire, which his participation
as a boy in the great adventure OF
crossing the plains In the epic days OF
the fortes fed now and then into
flame.
He saw that strange commonwealth
hat California was in its early days
"a state for all practical purposes
wholly composed Of men in the vigOr
and flower Of life. He caught and ex-
pressed, somewhat imitatively In
forms but with accuracy Of spiritual
sense, the iron mood that drove these
pioneers on to the goal.
He expressed that mood best, per-
haps, not in his distinctiyeIy Califor-
MAN verses. as they p~rOfessed to be
ginning of the New World adventure,
entitled Columbus. We quote the three
best Of its five stanzas:
Behind him lay the gray Azores,
Behind the Gates Of Hercules;
Before him not the ghost Of shores,
Before him only Shoreless seas
The good mate said; Now must We
pray,
For 10, the very stars are gon
Brave Admiral, speak, what shall |
why, say, Sail on! sail on! and
on"
They sailed and sailed as winds might
Until at last the blanched mate
said:
Should | and all my men fall dead,
The very winds forget their way,
For God from these dread seas is
M
Now speak, brave Admiral, speak and
say"
He said: Sail on! sail on and on!"
Thus, pale and worn, he kept his deck
And peered through darkness. All,
that night
OF all dark nights! And then a speck-
A light! a light! A light! A light!
1t grew! A starlft flag unfurled!
1t grew to be Times burst OF dawn
He gained a World; he gave that
World
Its grandest lesson: "On! Sail on
The man who could write those
lines was a real poet, no matter into
what abysses of posing pretense and
fustian he sank into elsewhere. And
joaquin" Miller wrote some hundred
or two lines almost as good in their
different way.
Two short songs have kept greer
for near 800 years the name of Rich
ard LovelaCe, a very gallant gentle
man, and except for those two songs
a very bad poet.
Supported by the life belts of q
somewhat greater volume of rea,
poetry, the name Of Joaquin" Miller
should have an equal chance Of moi
becoming "alms for oblivion" or
Times shOreless seas.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-03-06
THE DRUMMER AND TIPS,

g. A. Lorenzen, a Chicago cigar
salesman, retiring from business, made
public his expense accounts, showing
$4,000 paid in tips in twenty years.
His average was SIS per month. If
you don't pay tips, said Mr.. Lorenzen,
you are blacklisted.
As the salesman's expenses are paid
by the house directly or indirectly,
the cost Of all unwilling service one
meets on the road is added to the
price OF the goods. The drummer is a
natural prey. The tourist may give
up mor literally, but he is occasional
and intermittent, He is often inclined
to give battle against the Hessians,
and either tip not at all or at a low
rate.
The drummer, on the other hand,
carries impedimenta. AS the Soul of
an army lies in it's commissary wag-
ons, so the soul Of the drummer Is in
his trunks. Many times he would
like to seize a baggage truck and
handle the plaguey things himself.
But he can't as there is another day
coming, and the same battle must be
fought over again on the tipster's own
dnnghili.
Perhaps this il Of the reasons
why only a certain type OF a man
makes a success rs a drummer. Just
as he must be able to sleep doubled
up on q wooden bench at a junction
station, so he must be able to be con-
tinuously MIXED and keep on smiling
from the view point Of the en-
plcye he a do no Inherently. He Il
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-03-06
Clear Your Skin

Unsightly eruptions, pimples, face
blotches are often cleared in a single
night by the mild, antiseptic wash,
the D. D. D.. PRESCRIPTION FOR
ECZEMA. This soothing remedy
drives out impurities and heals the
aiIing skin as nothing else can A SOC
bottle proves 1t.
For eczema and It's allied diseases,
Salt Rheum, Teter, Dandruff, PIN
pies and alls skin troubles. d. d. d. is
an absolutely reliable remedy. Drug
gists universally recommend ii for
they have witnessed it's remarkable
cures everywhere. '-..'
Visit your druggists today and ask
him about the merits of d. d. ID. and
of the special money, back guarantee
of the ID. ID. d, Laboratories. Also
about the valuable cleansing power Of
d. d. D.. Soap. Fout g. Porterfield,
special agents.-Advt.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-03-06
Routine Work In the Hsuse
Continued From Page one.

- Contlnued From rage Ohe.
o'clock this afternoon; and that mo-
ton carried.
The resolution would have been
concurred in as it LIN from the
senate, had it not been for the fact
that the members of the lower branch
hesitated about returning to work.
Wednesday evening. They are not in
favor of night sessions, and. plan to
hold off from such proceedings at
least until the final day of the ses
sion. 4.
Attempt to Reconsider,
Soon after the house convened a
motion was made by Representative
WARDROBE to reconsider house bill No.
400, known as Lambert's morality
bill, which was killed in the house
Tuesday afternoon. The motion was
lost.
A concurrent resolution from the
senate recommended that the govern
or be requested to return senate bill
No. 1872, relating to salaries for depu-
ties in the office of register of deeds.
The bill had been passed by both
branches, and had been transmitted
to the governor to sign. The resolu-
ton was concurred in by the house.
.~-~ ! Decline to Concur.
When the committee on state at
fairs reported thai it had recommends
ed for indefinite p~ostponement the
senate's concurrent resolution calling
for an investigation of the Independ-
ent Harvester company, the report
was adopted without a dissenting vote,
Representative Ployhar moved that
the report of the committee named
to investigate the bonds and oaths OF
office of the various state officers,
which was introduced Tuesday, be
adopted and the committee be dis
charged from further duties. The re-
port was adopted, and as the matter
now stands all of the investigating
committees reports have been adopt
ed by the house and there has been
no recommendation for any further
procedure.
Commissioner Giibreath filed a COM
munication with the house, in explain
alton of his position with reference to
the matter of exposition accounts, as
mentioned in the report of he COM
mittee named to investigate his Of
fee; The communication was not
To Pay~Printins Company
There was some discussion owe the
matter of paying the knight Printing
| company of Fargo for the employment
| Of extra help al additional expense to
| get out the reports OF state officers
before the Legislature adjourned. The
resolution, as introduced by the COM
mittee on supplies and expenditures,
recommended such compensation, not
to exceed $4,000. The resolution vas
/ placed upon third reading, and 1t was
declared to have been adopted by q
vote of 81 ayes. Mr.. Hendrickson de-
manded veriication, and the result
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-03-06
ELDERLY ROLka CALOMEl, SALTS
and CATHARTICS AREN'T FOR YOU
HARMLESS. GENTLE "sYRuP OF FIGS" IS BEST TO CLEANSE
YOUR sToMAcH, LIVER AND 30 FEET OF BOWELS or SOUR
BILE. pEcAYMe FOOD, GASES AND cLoaeED.uP WASTE.

suck this decaying waste and poisons
into the blood. You will never get
feeling right until this is corrected
but do it gently. Don't have a bowel
washday; don't use a bowel irrltant.
For your sake, please use only gentle,
effective Syrup of Figs. Then you are
not dragging yourself. for Syrup Of
Figs is composed of only luscious
figs, SIENNA and aromatics which can
not injure.
A teaspoonful tonight will gently,
but thoroughly, o on and out of
your system by morning all the sour
bile. poisonous ~fermenting food and
c~logged-up waste matter without
grippe, nausea or weakness.
But get the genuine. Ask your
druggist for the full name, Syrup of
Figs and Elixir of SIENNA" Refuse.
with contempt, and other Fig Syrup
unless 1t bears the name-prepared by
the California Fig Syrup Company,
Read the, label -Advt.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-03-06

You old people, Syrup of Figs Is
particularly for you. You who don't
exercise as much as you need to; who
like the easy chair. You, whose steps
are slow and whose muscles are less
elastic. You must realize that your
liver and ten yards of bowels have
also become less active.
Don't regard Syrup of Figs as
physic. 1t stimulates the. liver and
bowels just as exercise would do Il
you took enough of it. 1t is not harsh
like salts or cathartics. The help
which Syrup OF Figs gives, to a tor
pid liver and weak, sluggish bowels
is harmless, natural and gentle.
When eyes grow dim, you help
them. Do the same with your liver
and bowels when age makes them
less active. There is nothing more i'm
portant. Costive, c~logged-up bowels
mean that decaying, fernenting food
is clogged there and the pores or
ducts in these thirty feet of bowels
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-03-06
was n ayes. but the resolution va.
adopted.
Pass Apnroprlation ailIs

/ Another batch Of appropriation bills
was picked out of the calendar and
glYen precedence over other measures
and practically all measures az this
character passed. The house passed
the bill creating a board OF immigTa-
lion and making appropriation there
for the Dunseith tuberculosis sa~uitarf-
UNI, the Mayville Normal school. the
Hebron experimental station ana fhe
state fish hatchery.
The house also passed the senate
bill providing for compensation for
the citizens of Mandan for moneys adj
vanced for the purchase Of lands for
a government experimental station.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-03-06
Chronic Stomach Trouble Cured.

There is nothing more discouraging
than a chronic disorder Of the stom-
&C. Is it not surprising hat many
suffer for years with such an ailment
when a permanent cure is within their
reach and may be had for a trihe?
About me year ago." says P. II.
Beck. of Wakelee, Mich, Il bought
a package Of .Chamberlain's Tablets,
and since using them / have felt per-
tectly we'll. l had previously used any
number of different medicines, but
none Of them were of any lasting
benefit" For sale by all dealers.
--AHvf
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-03-06
GRAY FADED HAIR, OR BEAUTIFUL,
DARK, ATTRACTIVE CHOOSE, MADAk!

q q sd H y
one small strand at a time, Those
whose hair is turning gray, becoming
faded, dry, scraggly and thin have a
surprise awaiting them, because after
just one application the gray hair
vanishes and your locks become
l~uxuriantly dark and beautiful-all
dandruff goes, scalp itching and fall
ing hair stops!
This is the age of youth, gray-hair-
ed, unattractive> folks aren't wanted
around, so get busy with the Sage and
Sulphur tonight and you'll be amazed
at your youthful appearance and the
real beauty and healthy condition of
your hair within a few days. Inquiry
at drug stores here shows that they
all sell lots of "Wyeth's Sage and Sui
phur" and the folks using it are
enthusiastic.
Agents. Fout &c Porterfield, Fargo,
N. D. -Advt.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-03-06
TINE It! ANY SOUR, CLASSY, UPSET
STOMACH CURED IN FIVE MINUTES

Sour gassy. upset stomach, indigestion, heartburn, dyspepsia; when the
food you at faments inog gases and stubborn Jumps; eur head aches and
yu feel sick and miserable, that's when you realize the magic in Papes
Diapepsin. 1T makes sue misery vanish in five minutes @%1& 49, @#4
IF our stomach is in a continuous revoIt-f you can't get it regulated,
please FOL your sake try Diapepsm. It's so needless to have a bad stomach
max you next meal a favorite food neal then take a little Diapepsn.
There will not be any diShess-eat without fear. It's because. Papes Dta-
miujons of sales annually. I ###M# ~ -Advt #
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-03-06
What Miaht Havee Seen.

London Opinion: Editor. Have YOU
submitted these poems anywhere else!
Poet. No sir.
Editor. Then where did you get the
black eye?
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-03-06

The Fargo Forum snd Republican is
published every evening except SUNDAY
In The Forum Building. corner of First
ayenuS and Fifth street north, Fargo
N. D. q,
subscription-The Fargo Forum and
Daily Republican. by carrier, 1bc per
week. or 40c per month. in advance; 81
per year. The Fargo Forum and Weekly
Republican, 81 per year. Single copies.
Sc, Subscribers will ind the date to
which they have paid, printed opposite
thA1r names on the address slips.
Address all communications to The
Forum Publishing Co. Fargo. N. d.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-03-06

crowded between the low wage on the
one hand, N the open palm on the
other. And still the public keeps on
tipping.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-03-06
Force o. Habit.

Life: Beggar. WIN you please. sir.
give me 10 cents for a nights lodging?
Philanthropist. I'll give YOU 5 cents
Ii you raise the other s.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-03-06

Simplifed spelling has again come
to the front. But this is a FREE coun-
the laws of the land is allowed at
pleasure.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-03-06
PROFESSIONAL CARDS
DR.. A. P. Johnson
ID Il N II s T

ID e N ]
Licensed to practice dentistry in
Maryland April 8, 1897.
Licensed to practice dentistry In
Minnesota April 10, 1898.
Licensed to practice dentistry in
North Dakota Nov. 10, 1897. GA
No. 1879
Graduate Of high standing (class
of 1S97) of the Baltimore College Of
Dental Surgery. This Is the Oldest
dental college in the world.
Office, y0z N. Broadway.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-03-06
weat HOUND Trains,


AAIe I'D LUI elA9 LlBHIJ
sNo. 200, Aneta Branch. 49,. sos b. m
No. IL, st. Paul-Fargo local. $50 p. m
sNo. 13. Fargo via Brock 80. $3.50 p. m
EMO. $40. Fargo-Crookston. $3.50 p. M
except Sunday.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-03-06

The Dawson Press i'm a very
gentlemanly manner sets The Forum
in it's place with the following: "The
would be high brow of The Fargo
Forum in a frenzied attempt to I'LL
space says: 1.-THE. Dawson papers are
scrapping.'' Well by the great horn
| spoonrif we can't run our OWE bust
ness without some misguided freak
who has no business Of his own to
attend to, stepping in and telling us
how to do 1t, it's about time to start
something. We are not looking for 8
scrap but we won't stand for any son
of a gun trespassing on preserves
either, 81 keep off he grass. The
Forum hastens to apologize for ap.
plying the mild term ''scrapping'' and
will gently close the door Of publicity
on Dawson, and leave The Press tC
enjoy its little riot In tho solitude il
desires.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-03-06

Bulletin 102 North Dakota Expert
ment station takes UP COW testing as
sociations and cooperative Dreamer
les. The method of organization and
operation of COW testing associations
is. outlined. Detailed organization Is
given as to the organization of the CO.
operative creamery including articles
of Incorporation 2 and, bylaws A
brief description is given of creamery
plans, and ice houses with illustrations
of many details of construction. A list
is given OF the equipment needed.
Prof. G. L, Martin is the author.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-03-06

CHICAGO. MILWAUKEE, s. n. PAUL.
Trainn Arriving FROM East.
No. 403 ...12:30 p. m.
Mixed train .s...s......... 6:4b p. m.
Trains Going East.
40. 406 ....s..ss..s.s.s..... 7:10 D. IN.
Mixed train ..........,.... 700 a. -.