davidaulloa/AmericanStories huggingface dataset:
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1913-12-20
NEWS OF THE
MARKETS.
Naval Stores Market.

Savannah, Dec 19.-The spirits of
turpentine market opened and closed
firm today at AZ IL cents, with sales
of 277 casks. Receipts were 636 casks
and shipments $50 casks leaving stocks
of %. 90s casks.
The rosin market opened and closed
firm. Sales were 1872 barrels, receipts
1851 barrels and shipments of 2,070
barrels, leaving stocks Of 147,306 bar
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1913-12-20

One day Mrs. Jones rushed into the
old mans presence With hasty steps
and Wild look Of excitement
"Oh, John: oh Joint she excIa lined
with lot OF emotional thrills, arNorah
made q mistake and tried TO light the
kitchen stove with gasoiine!"
Gasoline, eh?" calmly responded
John did Shit get It started %
did she get Il started 90 cried the
amazed Mrs. Jones. 1T blew her out
the kitchen window"
That's all right. my dear" returned
the philosophic Jones. 1T was her aft
ernon out, anyway."-Philadeiph
Telegraph
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1913-12-20

There is more of human
interest in The Journals
want Ad Way" page than
in any other part of the pa
per,
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1913-12-20
Chicago Grain.

Chicago, Dec. 19.-CIosing: Cash
grain:
Wheat-No. 2 red, So liz and SO IA;
No. 2 hard, SO IL; No. 2 Northern
80 IL and 81; No. 2 Spring, 80 4-2 and
80 1-2.
Corn-No. new yellow, 1884
Oats-Standard, II IL
Hay-Timofhy. $500 and $500;
clover, $12.25 and $14.25 per ton.
Pork-$21.00 and $21.25; lard, 1850;
ribs, 1880 and 1920
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1913-12-20
Boys Shoes, $1.5O up
CasE1man's, 317 Palafox.
A Hinhar Cn1Irt.

$50 you refuse me?" said the pros
porous young lawyer.
Most eTnphatically," replied the fair
maid.
Very well, shall take an appeal to
your mother. She knows that I have
a lucrative practice. "-Chicago Record
Herald.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1913-12-20

Just Nonsense.
They had cut off a Chinaman's queue.
And were painting his eyes a bright
blueue;
So the Cinnamon said
AS they daubed at his head;
when sueue yueue. yUeue'Il rueue
what yueue Queue
London Tit-Bits.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1913-12-20

Notice is hereby given that under
signed, adrninistratrix Of the estate OF
James M. Finn, deceased. win on the
z0th day Of February, A. D.. 1914. pre-
sent her final account and vouchers to
the County Judge of Escambia County,
Flor1das and ask to be discharged from
Der Enthusiastically. Annie b. Finn,
Aus. 20, 1913 oam6m Administrative
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1913-12-20
That's Something.

The man who plays the bazoo horn
Gets the collectors goat:
For though he's dunned at eve and
morn,
He always has a note
Seattle Post Tnteltigencer.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1913-12-20
DADS De<;ns4io,

WiIIte-Paw what is a free thinker :?
Paw-An unmarried man, my SON
Chicago Tribune.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1913-12-20

United States department OF agricul-
ture, weather bureau. Charles Mar
win, chief. Daily weather bulletin.
Psnsacola's Temperature Data.
Highest On record for December, II
degrees.
Lowest on record for December. II
degrees.
Average Of the highest daily tenn
peratures for December, 60 degrees.
Average Of the lowest daily temper
atures for December. As degrees.
Highest temperature yesterday, 81
degrees.
Lowest temperature yesterday, so
degrees.
PensacoIa's Rainfall Data.
Normal rainfall for the month of De-
cember, All inches.
Total rainfall this December to p.
m, 09 inches.
Total excess this year to November
goth, 80 inches.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1913-12-20
LEGAL NOTICE.

CREW NOTICE.
- Neither the Captain, owners
nor consignees of the SIS
sBeckenham'' win be respon-
- sf5fe for debts contracted by
the crew OF said vessel.
II. Cow
GULF TRANSIT CO. Captain.
Consumes
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1913-12-20
SECRET SOCIETIES.

Pensacola Lodge, No. 4, I. O. o. =.
Pensacola Lodge, No. 4, I. 0. o. F.,
meets every Thursday at 1880 p. m. in
Rafford Hall. corner Baylen and Belmont
streets. Visitors cordially invited
Election of officers
h J. BENNETT,
A. L. KERLE. n. G.
Secretary.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1913-12-20
More Sensible.

Miss flip wish some one would
give me an idea how to put on a hair
net.
Father wish some one would give
you an idea to put under your hair
net-Judge.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1913-12-20
Cure For RIindneaa.

A Chicago doctor claims to cure any
case Of blindness. However, the aver
age slit skirt will serve the same pur-
pose-Columbia Is. c. State.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1913-12-20

=. e. A. NJ.
m Special communication of Es-
"a. Gambia Lodge, No. 10, r. & A.
S&k% NJ, Tuesday, Dec. %, at 1880 p.
" m. Work in the F. C. degree.
Visiting brothers fraternally in
vited.
w. r. BIGGs. W. N.
Secretary.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1913-12-20
Boys Suits, S1.75 up.
Casl1rnan's 317 Pa1afox.

8 Q . = . = @ . 9 = . q
. YESTERDAYS WEATHER. =
Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1913-06-29

farming the same and reserving the
right to farm said lands. Nothing IS
hear said about Fearon and wife taxi
ing Oil, or using the land for any pur-
pose. except for farming and in part
a. a residence, and the language
quoted does. in effect give the com
pany the paramount right to the eX-
elusive use and possession, so far as
necessary for its business of raising
the oil See on this point Caldwell
vs. Fulton. supra. 81 Pac i79, 43S;
Funk V. Halderman, supra, SO Pa
247. Therefore so far as the rule of
the Mountjoy case is based on the fact
that the lessor and lessee have a com
mon right to develop and take the oil
the reason is wanting and the rule
being in derogation Of the right con-
veyed should not prevail
Whatever force there may have
been in the second branch Of the
loason under the conditions Of law
and fact prevailing I'm England In the
sixteenth century or az applied to the
mining OF coal and mineral ores, II
does not seem to justify the applica-
tion of the rule OF the Mountjoy case
t. lease of large body of land for
the purpose Of extracting the oil
therefrom. and especially to the par
ticular lease here involved. The
basis of It IL the inconvenience TO the
owner Of the land In his use thereof
that would arise If a large number OF
persons were occupying the land in
the exercise of the granted right at
the same time Because Of this In
convenience. It will not be presumed
that he intended such right to be ex-
ercised by more than one. unless he
so declares In the lease or grant.
Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1913-06-29

either directly or indirectly. Thus, II
IS said, grant Of common Of pasture,
without stint as to amount, was
nevertheless limited at common law
to the use by a reasonable number
only of the grantees cattle. and II
could not be alienated to several. so
a. to be enjoyable by each separate
ly, because In each case the right
would be enlarged by the additional
use, and the grantors estate would be
burdened more than was contemplat-
ed. In the case OF ores and coal, the
usual method Of taking them. and
perhaps the only practicable one. is
to sink a shaft or run drift to the
ore bed or vein, and obtain the ma
terial by means Of underground
workings from such shaft or drift. a
grant or lease OF mining right for
coal or ores would create a presump-
ticn that this method was understood
and intended. and that it was expect
ed to cause little Interference with the
OF dinary use of the surface.
This is not true with respect 70
mineral oil. 1t lies far below the sur
face. 1t can be extracted only by
means of wells. Each well is separ-
ate from every other, and by means
Of 1t the oil can be taken only from
a limited area OF four or five acres
Immediately surrounding IT For this
reason the extraction Of oil from the
whole of large tract granted by an
ordinary oil lease requires, not one
stock or one we'll as a means OF ac-
cess to the whole deposit of OIL but
a separate and independent well upon
every few acres OF the oil-bearing ter
r.tory. The tract must be dotted with
wells. each as separate and distinct
Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1913-06-29

] gave this paper the name of
Some Phases Of the Law Of oil and
gas" At the time / selected this pre-.
tcntious title it was my intention. not
only 10 cover the subject here discuss.
ed but also the kindred questions of
the partition of the estates created by
OH and gas mining leases. the right OF
co-tenants as between themselves to
separately develop and operate oil
ana gas mining leases. and the meas
nrc OF damages recoverable against
a person who. lu good faith. entered
ON lands and extracted oil and gas
ifcrefrom. thinking he had a right so
To do. but each time I have under
tcken 10 allot the necessary time TO
Tho preparation Of the paper had
H. mind something has always inter-
vcned to interfere. This Is the third
attempt | have made to prepare this
paper. and now have had only few
hours in which to prepare It. and In
a measure, was forced to dictate Il
off hand, without consideration. or
the opportunity FOR revision. For the
many errors which may appear in II.
the absence of an analytical and his
torical discussion of the principles
underlying the decisions quoted. want
OF time in which to set these out must
be my excuse; and II the hearing OF
this paper has not led you to the con-
cluslon that hereafter when you seek
entertainment and instruction YOU
will do so ct other hands. 1 will, on
Sc me future occasion. when given SUI
ficient time so to do. take up and dis
cuss some the questions have above
suggested. none OF which are free
from doubt.
Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1913-06-29

and this being so, II necessarily fol-
lows that the rule announced in
Mountjoys case did not necessarily
apply and what the supreme court
Of California might say on this sub
ject in reference to an ordinary oil
and gas mining lease is. Of course,
largely measure Of conjecture.
Despite the condition Of the law as
above shown, We know what OIL and
gas mining leases are daily assigned
in separate parcels; that is, a right
to enter on certain designated por-
tions OF u. land embraced I'm such
leases is granted to one person, IKE
right to another and so on. And this
has been done for years without the
question ever having, so far as ! am
aware Of. come before the Cuu Is Of
Oklahoma for decision, or before the
courts Of any other state except as
shown above. And the question
TO this. confess. | am unable 10
give any positive assurance, aud can
only hazard the prophecy that when
the question arises the courts Of this
state will not decide in ia vor of the
validity OF such assignments make
this prophecy for the reason that re-
garding an oil and gas mining lease
as a mere license, as a mere grant Of
an incorporel heredltament, without
conferring any interest in the land, or
any interest in the oil until it is ex-
tracted from the bowels Of the earth
ard brought to the surface. such a
the common law. prior to develop
ment be non-assignable. and In many
Instances the courts OF various states
have held assignments OF such leases
Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1913-06-29
LAWS AND Decisions
OIL AND Gas LEASES
(Continucd from page -

others under a reservation which was
construed to give only right TO
mine with one stock, would impair
other uses Of the owner to greater
evtent than the reservation intended.
II is clear that the lease to the
Fearon oil company, in effect, gives
tn, company the exclusive right 70
develop and take the oil, and that
reoron thereafter had no right to do
go In common with the company.
This Is not expressly declared, but the
respective provisions necessarily Inn
plv #. II leases and demises all the
land described This, as above stated
covenants for the quiet enjoyment OF
ali by the lessee. 1t provides that the
lessee shall have the right to explore,
develop and take oil from all OF II,
except that required for the Fearon
residence. The only restriction as to
area, and the only reservation as TO
possession or enjoyment by Fearon,
il the paragraph giving Fearon and
his wife the right to occupy the house
then standing on the land. and the
buildings in connection Herewith. as
a place Of residence, and the right
TO free and uninterrupted access over
and upon said lands. not actually
used or needed for the business OF
ssid second party, for the purpose OF
Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1913-06-29

to be good. a large number of other
courts have assumed without dir
ectly passing on the question. that
such leases. prior to development.
conferred On the lessee right which
is capable of a s4gnmcut. and our
own courts while not having passed
directly on the question OF whether
am oil and ,as mining lease is subject
tc ssignmcut. have ssumed the
validity OF such assignments without
comment make the prophecy
again for the reason that only such
parts of the common law as are COM
p1tiblc with the best interests Of our
country. ar. suitable 10 the condl-
tlons In which we find ourselves. and
10 our methods VI doing business
have become the law Of this state
and that the courts knowing our man
the doctrine Of the Mountjoy case Il
irapplicable TO our needs and wants
and local conditions
Again. as the common law itself
arose from custom and usage. it has
made provision for custom and usage
when generally to be considered is
part Of contract; that Is. such con
tract. and the terms used in It. would
be- construed In the light Of custom
OF usage when such usage was so
s. nerally known and understood as
the courts could say that 1t was
known, to all men. and that they
therefore should be considered as
having contracted with reference 10
such custom or usage. /. therefore.
believe that we are justified In APP
proving such assignments and rem
dering an opinion that they vest good
title in the grantee
Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1913-06-29

in its installation and operation as II
owned 10y different persons. Conse-
quently, one who leases his land for
this purpose necessarily understands
and intends that as many wells will
be- sunk and operated thereon as may
te required TO raise all the oil in it,
His own posse sion and use Of the sur
face will be substantially as much in
terferred with by the operation Of all
these wells under one management
ak It would be If each well was Opor-
atcd indep ndently by different
person. If his rent is paid by roy
atty, as Is common. It Will be to MS
advantage to have the oil taken out
rapidly. and this may often be better
done by subletting in tracts 10 differ
ent persons than by keeping It In
control OF one person or corporation.
The conditions arc the very opposite
Of those which support the rule Of tho
MUuntJoy case. When the reason OF
rule ceases. so should the rule IT.
self civ code, Sec. 3j10." The case
Of Chandler VS.. Hart. and the other
cases above cited. have been the only
ones that / have been able to discov-
or bearing directly on the question
under discussion. and while the case
Of Chandler vs. Hart seems to hold
that separate interests In an oil and
gas mining lease may be assigned and
the land covered by It parceled oft to
different persons. it will be well to
remember that in that case the court
did not have before it an ordinary oil
and gas mining lease. but held that
under the peculiar terms and provis-
ions of the paper before 1t for con-
struction It gave vested interest in
the land and the surface OF the land,
Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1913-06-29

We have about POO good
styles and good shapes, but in
order to clean them up quick
we are going to put hats that
are worth $3.50 and $3.50 out
9S cents. We are not depend
ing ON our hat business. We
do NOT have to have a profit.
We just put them out as a
kind Of advertisement and we
are surely doing the business.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-04-10
NOTICE OF SALE OF COLLATERAL
SECURITY,

Notice is hereby given that The Ma
tionsl Bank OF the Republic OF Salt Lake
City Utah. wll on Saturday. the 18th
dag Of April. 1913. at $3.50 o'clock p. m,
at the banking house Of The National
Bank of the Republic OF Salt Lake City.
Utah. at the corner OF Second South and
Main streets in said city offer for sale
and sell at public auction to the highest
bidder for cash. the collateral security
hereinafter described much there
OF may be necessary To pay the amount
due upon certain promissory note da ed
February sth. 1911, executed and delivered
by II. Tyree. payable TO The National
Bank OF the Republic OF Salt Lake City,
Utah, or order. on the lst day OF April
1911. for the principal sum OF two thou
sand dollars (s2o00l with interest thereon
nj the rate OF one per cent u per cent? per
month from date until paid and on which
there is due and unpaid as principal and in
terest on this 9Th day OF March 1913.
the sum OF two thousand two hundred
n!ncty-onc and 10-l00 dollars (s229l iO)
for the payment OF which sum. together
with Interest thereon from this date un-
IL paid and the costs OF sale, the said
personally Will be sold on the above
The personal property hercinab above
mentioned was pledged as collateral Sc
curity ior the payment OF the amount
due on said note and is particularly de-
scrihed follows:
SiSty-flve thousand (65. .oO0) shares of
the capital stock OF Reliance Mining and
MILLING Company represented by certIh-
shares and certificate No l2s
for lf;y thousand (50.0o0) shares.
beth issued on April 3rd. 1907, to
II. Tyrce. also twenty (a6) shares OF the
capital stock Of Continental Life Insur-
ance and Investment Company represen MT
ell by certificate No. 4s7 for eight (s}
shares. and certificate No. sol for four
90 shares. issued July 2ith. 1903. 10 Frank
Knox. trustee, and certificate No Gas
for six tS) shares Issued December 5th
1909. and certificate No. 6s4 for two (2J
shares issued February 25th 1910. 10
Frank Knox. trustee.
THE NATIONAL BANK OF THE RE
PUBLIC OF. SALT LAKE CITY. UTAH
BY Howat. Macmillan & Nebeker and
r II. Busterfisld. It's attorneys.
Dated March 9th. 1913.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-04-10
MELVILLE FARMER
CUTS THROAT, DIES
Body of John Anderson Is
Found by Searching Party
in Thicket.
Snocial to The Tribune.

Special to The Tribune.
LOGAN. April o.-The body Of John
Anderson OF Millville was found today
by the members OF sheriff's posse that
had been formed for the purpose of
searching for him. Anderson Sunday
night left the home Of his brother.
where he had been stopping while his
family was under quarantine. When he
could not be found later IN the day a
searching party was formed by the clt-
zens and for two days the hunt WAS
kept up.
To-day former Sheriff Crookston formed
a party TO continue the search and while
II was making ready he went out south
OF the town of Millville about half a
mile. While searching there he found
the body of Anderson In a thicket. He
had cut his throat. using knife and q
razor. and fearfuly gashed his neck,
An Inquest was held this afternoon and
the jury returned the verdict that An
derson came to his death by his own
hand. He was 45 years OF age. a we'll
to-do farmer and no cause for his sui
eide is known except that he had been
a!llng mentally for some time and OF
late had been respondent, A widow and
one child survive.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-04-10
.|DAHO'S POTATOES
FILL MANY TRAINS
Special 10 The Tribune

Special 10 The Tribune
POCATELLO. Ida, April ?.-Another
trainload OF potatoes from the Shelley
section passed through Pocatello yester-
day, en- route TO eastern points. 1t is
estimated by those who are familiar with
the situation that there are yet about
600 cars of potatoes to be shipped from
sections Immediately tributary TO this
city.
During the past eight months nearly
100000 sacks of potatoes. filling 3ii9
cars. have been shipped over the Short
Line from the Blacllfoot Shelley and Ida =
no Falls districts OF Idaho alone. This
would mean about 100000 tons. The
magnitude OF the potato industry In the
state of Idaho can be better understood
when IL is remembered that the district
north OF Idaho Falls is only one OF "A
dozen similar districts in the state, sue
as Twin Falls. Payette and Fruitland-
Thirty-four hundred and forty-nine cars
means nearly 100 solid trainloads. a
train of thirty-nve cars, with locomotive e
and caboose, is about 1000 feet long. One
hundred such trains would reach dis
tance OF thirty miles. The 100000 sacks
placed end to end would stretch approx
mately 500 miles. The greatest ship
ments were made during the month OF
February. when 713 carloads passed
through Pocatello.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-04-10
ASSESsM EMIT no. s.

o. K Silver Mining & Milling COM
psny: principal place OF business. Salt
Lake City, Utah: location OF mines, IN
dian Springs. TooeIe county, Utah.
Notice is hereby given that at a meet
ing Of the board Of directors Of q "
Silver Mining & Milling company. held
on the 7th day OF March. isi3. nssess-
ment No. OF one-half (D cent De,
share vas levied upon the CAPITAL stock
OF the corporation issued and outstand.
ing. payable Immediately TO the seore-
tary at his oifics- 1925 Beck street, Sail
Any stock upon which this assessmen,
may remain unpaid on Tuesday. ths
18th day OF April. 1919. will be deIlnoueni
and advertised for sale at public auction
aud unless payment is made before, viii
be sold on Saturday. the 10th day o.
May. 1913. at 10 O'Clock n. m, al IN.
secretary's office 10 pay the delInquen
assessment thereon. together with tn.
costs OF advertising and expense o
sale r. NJ HOLT
Secretary.