davidaulloa/AmericanStories huggingface dataset:
The Marshall republican., 1913-01-17

A. shs was alighting from . trollet
near be- hcsae late Monday night
Miss Emma sieger OF Brooklyn slip,
Ped and fell Patrolman JAmss slst
terry was Ut her side In a tify,
Where are you hurt?" 10 inquired.
tibet 10 none Of your business"
was the sharp reply. ma N
MADAM, there are troubiesome
timer in the police department. and
unless ! send in Q report 4 mn very
liable to get . complaint" said the
policeman. w ''@
/. Then just sayi vas injured shove
the ahoetop," exclaimed the young
woman as she walked to her home.
The report at, the station house Vi
that Miss sieger's shin was scraped.
New York correspohdence.
The Marshall republican., 1913-01-17

dinner guests Of Joe Thorp ana
wife Sunday.
Mrs. S. Townsend was a dinner
guest of q. p. Martin and wife
r day.
Several from here were taking
art in the big wolf chase Friday.
Mr.. and Mrs. Clarence Taylor,
II Kop'ng were the guests of A.
grlwn.ec AMI wife several days
49, week.
Mr.. We Townsend has about re-
jyerel ram her SEX spell and is
, her home n the country.
The Marshall republican., 1913-01-17
WOODSON

N= LJl W tcher ana sister Miss
e snth are visiting thel'
trother X. q Smith AMI family.
c. Kc'ffer .ost n very fine horse
~ getting its ,eg broken last
.cci
UI'ker F'n'ey VI lei in the
woo-son ne ghborhool Sunday.
There IN great lea ~ a'"knc"r
, thu cernun ty at present.
James Sc 4, am dauSh.tf were
dinner gae - VITA J J 5>o;:, Y.
The Marshall republican., 1913-01-17
prsMay In1ts7a.

Mr. Lapgrishs, the true dramatic
pioneer OF the plains and mouptainss
"a 10 be here With 'uS IL the winter,
and right welcome he will be. J LACEY
In Helens, Month the best citizens o.
that city gave him : glorious hen&
ht. Which, was so$lsQp0 hA0& yTo
ward the close or the perf0rmance,
Colonel Woolfolk. toi tbehaif o. the
people. presented, him With q $500
brick OF hsAtSel l6cld. ~ q mark Of
!hte4iEo Ppre fFteRdship sd be own
intrinsic character at the same timet
Rocky Mountain Herald, reprinted
trom s<isfPn Of forty ysarS 70,
tlIabt H.vs piaawoss
Cen. Daniel y. bickles, on the 90,
casion Of his ninety-sscond birthday.
said Of contentment:
ssHafsIssAggSssgs.s Sssa!
there's . good deal more commitment
In looking down then up"
The Marshall republican., 1913-01-17

7 ChokI06.
An old Enslishwoman. who wss ex.
tremely stout. wss making vain ef.
forts to enter the rear door of AN
omnibus. The amused driver leaned
over good naturedly. and said In a
confidential tone:
"rry sideways. mother; ny side
watsl"
The old woman looked sp breath.
lessly. and replied:
why. bless. ye. James. I sln't got
no Hsideways."-Youth's eompppiou,
The Marshall republican., 1913-01-17

Jas. 7. Shackelford, one OF Nap
tons hustling merchants, was a
MARSHALL visitor Tuesday.
The Marshall republican., 1913-01-17

Dorothy, aged Ave. wss bsving
trouble assembling her e..:shes on
1--WE, sh.r, 4. ,oal .so...
Dorethyf' ssksa mammal i0ui Y
II don't know. mummie." the Ave.
ysps-ssd gravsly nsDlisd. But l saw
them walking srosnd with Asrgaret
~ tssm 'isst night sfter I lhAd gone
70 acknowledgements News. 1
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-09-22
DECISION Of THE
SUPREME COURT

State of North Dakota in Supreme
Court. George. A. Bissel, Plaintiff and
Respondent, VS.. Olaf A. Olson, De-
PENDANT Appellant.
. /. The burden is upon a party
claiming a stream. which has not been
meandered, nor declared navigable by
the legislature, to be navigable. to
prove it to be navigabler in fact.
2. To constitute a stream, which IS
not tide-water. navigable, 1t must be
without aid of or reference to artificial
means, Int be Of sufficient capacity
to render it capable Of being used as
a highway Of commerce either in the
transportation of the products Of the
mines, forests or Of the soil Of the
country through which it runs, or of
passengers.
8. To render a stream navigable it
must be capable of being used for a
public highway a considerable part Of
the year, and it is not sufficient that
it have an adequate volume of water
therefor only occasionally as q result
of freshets for brief periods Of uncer-
tain occurrence and duration.
4. A stream which is capable Of
being navigated unaided by artificial
means during freshets Or stages OF
water occurring frequently n at
of reasonable certainty n con-
tinuing long enough to make it's use
Of commercial value, is a public high
way for that purpose.
s. The capacity Of a navigable
stream cannot be increased by arti-
fetal means to the injury Of a riparian
without compensation.
6. The criterion by which the
navigability Of a stream is d~etermin-
ed is not hat it is not used for pur-
poses of commerce and traffic but that
it is not capable of such use in its
natural state; and the value of evil
dence showing that it is used for
rests upon the proposition
that that fact proves it n~avigable;
while evidence that it never has been
used is not of equal weight, yet it
Is entitled to great weight as tending |
to show that it is not capable of be-
ing navigated to advantage, when it
is shown that the river flows through
inhabited country with towns On
it's banks and transacted
between them.
z. This action was brought to en-
join defendant from maintaining a foot
bridge across the Mouse river near
Minot, in Ward county. between his
buildings and a part of his land on
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-09-22

the other side Of the river, and the
court granted a preliminary injunc-
ton from which this appeal is e
The order appealed from also COM
mands the destruction of the bridge
within twenty-four hours if not re-
moved by the defendant. The river
Is not meandered. The testimony of
plaintiff and his witnesses, aside from
their conclusions that the river Is
navigable, rests upon statements that
about Oct. 1, 1911, a sixteen foot
launch traversed a distance of twenty
foul miles above Minot without diff
Guilty; that about eighteen years ago
some piles for bridges were ftoated
down the river from Minot. No date
of this is given. That in September.
1906, a boat which drew ten inches of
water went down the river about
twenty-five miles without difficulty,
and about ten years ago a building
was RATED down the river from a
point about twenty-five miles above
the city of Minot; and that on April
7, 1912, a boat drawing eight inches
Of water passed down the river from
a point in Renville county to the city
of Minot, and that the witness could
go down the river between Greene and
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-09-22

Minot in an eighteen foot launch
without stating the time of year when
he could do so. Held, that under the
rules above stated this evidence does
not sustain the burden of proof rest
ing upon the plaintiff, and prove the
river n%avigable in fact, and particular
ly so in view of the testimony given
by numerous we'll known residents OF
the vicinity who had lived there from
twenty-five to t~wenty-nine years, set
ting forth the conditions Of the river
at different stages of water and testi-
flying that it could not be navigated.
8. A mistake in law committed by
the trial court in deciding an applica-
ton Of this kind, in particular when it
results in q mandatory injunctional
order for the destruction of property
pending the trial of, an action on its
merits is in a legal sense, and abuse OF
discretion.
(Syllabus by the court.)
Appeal from an order of the district
court of Ward county, Leighton, J.
Reversed. Opinion of the court by
Spalding, g. j.. Noble. Blood & Adam
son, Minot, for appellant.
W. F. Doherty, Minot for respond
ent.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-09-22
NEWS OF THE NORTHWEST
CHECK FORGER
WAS ARRESTED

W1lliston, N. D., Sept. pa young
mar giving his nam as S. Kahn pass
ed W forged checks here and three
at Fairyiew. He purchased some
clothes at n place and a cheap
watch at another, in each case tender
ing checks for $25. When the forger-
les were discovered a telephone mes
sage was ent to Stanley to the sheriff
there who arrested Kahn on an east
bound train. The young man was
brought back here. He claimed to
have a homestead in Montana and to
have sent $50 Of the money raised on
forged checks at Fairview to his sis
ter in Rochester, MINI.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-09-22
EITHER SUICIDE
Or ACCIDENT

Braddock, N. D., Sept. 22.-Ermie
Rumler either sulcideu or accidentally
not nlnnseif at Temvik. He and two
or three others had been drinking the
evening before. He and HIS uncle and
another man had retired to a room
ABOVE the pool hall. About 1 O'clock
no started down Stairs and his revolv-
er vas discharged, the bullet going
throuSh his head. 1t is not known
"netner he purposeIy shot himself or
accidentally discharged the weanon
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-09-22
FELL FROM WAGON
FATALLY HURT

Gascoyne, N. D.. Sept. 22.-James
Brennon was fatally injured while
hauling grain from his farm to Reed
err. There was a steep pitch from the
field to the road. When the wagon
went down into that he was thrown
on, .talllng under the wheels which
passed over his body. He lived TWEEN
ty-four hours.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-09-22
BESIEGED BY
/ ENRAGED Bull

Mandan, N. D., Sept. 22.-Besieged
for four hours in their home by an
Aenraged bull was the unpleasant ex-
perience Of Mrs. Henry G~rossgebauer
and her six children. The animal be-
longs to the herd at the state reform
t8chool n is particularly vicious,
having been reported as killing a man
An Iowa and having injured an inmate
and the farm foreman. Mr.. Grossge-
59eauor finally returned home and was
Echased Ivy the animal, but after reach
ling tho house fired Two shots, blind
ding the eilragcd bovine.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-09-22
FATALLY HURT BY
REVOLVER SHOT

Hillsboro. N. D., Sept. 22.-Joseph
W1ckes was fatally injured when a re-
J.. Wtckes, was accidentally ~discharg.
ed: The father and son and some
others had been engaged In a target
practice at the Wickes farm. The Ell
der Wickes was handling the weapon
when 1t exploded and the bull It sever
ed the spinal cord in the neck of his
son. The injured youth lived eighteen
hours after the shooting.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-09-22
FIRE AT RHANE
CAUSES Big Loss

Rhame, N. D., Sept. 22.-The Maies-
tic cafe and the Baker house We're
burned here. The fire originated in
rooms over the cafe and the Baker
house next door caught from that
The residence of L.. C. Rittenhouse in
the rear Of h cafe also burned. The
cafe was uninsured but $4O0 was car
rled on the contents. The Baker house
was valued at $4,000 and the furniture
at $4,000, about one-half insnrad
larger hotel will probably be erected
at once as several business men have
volunteered financial support of the
plan. "He
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-09-22
big interest IN
II foster COUNTY
=. CORN CONTEST

Darlington, N. D.. Sept. 22.-Great
interest is being u in the corn
contest to be held here. The Compel
itors will all be pupils Of the schools
of Foster county. The contest will be
under the auspices of the agricultural
high school here, which is c~o-operat
ing with the county superintendent of
schools in this work. Circular letters
have been sent out to each pupil urg-
Ing cooperation. Each contestant
must enter ten ears of corn. The WIN
ming exhibits will be sent to the state
show.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-09-22
FINE CORN GROWN
NEAR WOLFORD

Wolford, N. D.. Sept. 22.-Fine corn
a been grown in this locality. Het-
trick Lowe, the ~17-year-old son Of
County Commissioner Lowe, has some
especially fine Gehu corn that will be
exhibited In the school contest and
perhaps later In the state contest. II
was matured in exactly 100 days from
the time it was planted.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-09-22
TOOK HIS LIFE
IN CANADA

Dawson, N. D., Sept. 22.-W. H.
Woessner. a resident OF this place,
committed suicide at Calgary, while
en- route to visit a brother in Canada.
he was a sober prosperous man and
no cause is assigned for the killing,
ne was prosperous and owned consid-
cradle property here. Besides his par
emts. VINO live here, he had six broth
ers and six sisters, several of whom
reside in this locality.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-09-22
CREAMERY SHUT
DOWN--ICE FAMINE

Ashley, N. D., Sept. 22.-As a result
OF the ice famine here the creamery
has shut down for a few weeks. As a
result of the forced closing of the in
stltution there has been some threat
ened tlgatlo and some Of the stock
holders are indignant. The creamerv
has been doing a large business and
was regarded as a profitable Industry
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-09-22
LEASED
TO 4. J.. VOIGT

Lidgerwood, N. D.. Sept. 22.-The
Broadaxe, owned and edited for some
years by John Andrews, deputy secre-
tary of state, has been leased to A. J..
f. VOigt Of Cando for one year with
an option for its purchase. MI. Voigt
formerly conducted at
Leeds and Cando n is we'll known
the newspaper fraternity of the
state.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-09-22
IRAINMEN GOT
sweet revenge

st. John, N. D., Sept. 22.-While the
rest of the freight crew was at a local
restaurant at 2 a. H., a hobo attacked
the conductor on the depot platform,
accusing him of stealing a bottle. The
conductor was knocked down. The
conductor finally secured assistance
n a search Of the box cars was
made, several hoboes being beaten.
The man who had injured the conduc-
tor was finally located and beaten so
badly by the trainmen he is in a hos
pital.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-09-22
FORGER GOES
TO Pen FAST

Darlington. N. D., Sept. 22.-Albert
Kunkel, forger, was serving time in
the state pcnitentiary within a week
from the date Of raising two checks at
Bordulac. Ee had been employed on
two farms there and when paid OFF in
checks raised both. He was arrested
and pleaded guilty. He was Sentenced
to year in the state prison.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-09-22
Banks Consolidate,

Sutton, N. D., Sept. 22.-There has
been a consolidation Of the banks
here. The State bank has been dis
solved and the Citizens takes over it's
stock n business. Cashier Sinclair
Of the State removes to California at
an early date.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-09-22
POLLOCK SET
VERDICT ASIDE

Hillsboro, N. D., Sept. 22.-some
weeks ago a jury in the case of the
state VS.. the Great Northern railway,
awarded the state $3.50 per acre for
school land used by the Great North
ern for a sand pit. Judge Pollock has
recently set aside that verdict, reduc-
ing the amount to $3.50 per acre on the
ground that the original amount was
excessive. II the state does not ACCEPT
this reduction a new trial will be had.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-09-22
CHARGED With
wife DISCRETION

Mohall, N. D., Sept. 22.-Charged
with wife desertion in Chicago, Her
man G. Larson was arrested while at
work with a threshing crew fifteen
miles in h country. He will be re-
turned to the windy city immediately
on the arrival of the officers from I'LL
nois.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-09-22
Can't Afford to Have Kidney Trouble

No man with a family to support
can afford to rave kidney trouble, nor
need he fear It with such a remedy a.
haud as Foley Kidney Pills. An hon
est medicine. safe and reliable. costing
little but doing much good. Foley Kid
ney Pills eliminate bacIache and
rheumatism. tone Up the system and
restore normal action Of kidneys and
bladder. Economy Drug Co. Fargo
Drug Co-Advt.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-09-22
DARLINGTON HOME
PRODUCE SHOW

Darlington, N. D., Sept. ,22.-Car-
rington Is to have a home products
show early in October. Funds nave
been raised for prizes for all kinds Of
products grown in Foster county. It
Is planned to send the best specimens
Of the exhibit to the industrial show
at Bismarck,
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-09-22
EOery druggist sells ResinoI


ham, with a baby 4 days old and some
other children, were alone in the
house: A leaky gasoline stove Is re-
sponsible for the fire.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-09-22
Farm Homo Rurned.

Havana. ~. d., Sept. 22.--The farm
home OF liver Durham, two miles south
of Rutland. was burned. Mrs. Dun
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-03-14
9URLEsoN TO OPEN $4,000 JOBS
Will Present Plan to Wilson on Certain
Postm asterships,

Washington. March 14.-Within the
next few days Postmaster General
Burleson is expected to present for the
presidents consideration plan which
will open to democrats the $4,000 third
into the civil service recently by Mr..
Taft.
Mr.. Burleson said last night he had
not decided to ask the president for a
revocation Of this order. If he decides
against asking for revocation he will
then suggest that postmasters who
benefited by the Taft order be required
to undergo a merit test which would
be open also to others.
II the president took the first course
thousands Of postma sterships would be
available at once, and II he chose the
other democrats who entered the merit
competition would have as good a
chance as republican incumbents.
Mr.. Burleson and Chairman Nc
Combs OF the democratic national
committee have settled upon plan for
patronage distribution, which also will
be submitted to the president shortly.
II it is followed the suggestion OF
whether candidate for office is backed
by Organization men," or anti
ganization men" Will not figure when
he is weighed for place. The prest-
dent will be advised to go upon the
principle that any man who subscribes
to the democratic platform and shows
his belief in democratic principles Is
poiitically fit for office.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-03-14
GENERAL oJADA's TROOPS
PRESSED ON THREE SIDES
BY SONORA INsURREcTos.
CAPTURE OR ANNIHlEArIoN
OR FLIGHT OVER U. 8, BORDER
General Marching to Relief Of Nogales
Too Late and Finds Himself in Pre-
dieamsnt-United state to Enforce
Strict Neutrality - One American
Soldier Killed BY Rebel Bullets.

Douglas, Ariz., March IA battle
against an overwhelming force of reb-
els, unconditional surrender, or flight
over the line into Arizona-these are
the alternatives presented today to
General Ojeda. The federal command
er, who evacuated Aqua Prieta two
days ago, with the avowed intention of
marching to Nogales and reinforcing
the garrison there, reached Naco dur
ing the night, only to learn that No
gales already had been captured by the
constitutionalists.
Thus Ojada, with 500 federal regu-
lars, is bottled up at Naco. with strong
bodies of rebels closing in on him from
east, west and south. A force of 400
constitutionalists under Elias Gales
left Aqua Prieta before daybreak this
morning to pursue the federal general
and. later in the day, Perfecto Braca
Monte, with 800 men, departed on the
same mission. All were freshly mount
ed and well armed and provisioned.
South Of Naco are more state troops
under Dioquez. while force OF Obre-
CONS column, which yesterday took
Nogales, Is closing in from the west.
The constitutionalists, in their eager
ness to pursue Ojada, left a force OF
only 200 men to guard Aqua Prieta.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-03-14
Noo.I.. caotured By Rebels.

Nogales, Ariz, March 14.-Rebel
forces gained possession last night OF
the Mexican town which Is divided
only by a street from this city and
which bears the same name. Ameri-
can troops who. with machine gun.
were stationed on a hill during the all
day battle between Mexican federals
and rebels, did not fire. The Ameri-
cars were under orders from the war
department not to fire unless on direct
word from Washington
Surrendsrs to Rebel Chief.
Col. Emilio Kosterlitzkyn command
ing the federal garrison at Noeales.
Sonora. surrendered to General Obre-
pon fhe rebel commander. last night
at $40 o'clock, after a terrific battle
which began at daybreak.
Bullets raining on the twin Arizona
town created critical international
situation which has not been eaualed
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-03-14
ABLY DEFENDS CHASE
Son ator's Private Secretary Takes Up
cudaels When Senator 10 Scored by
Mrs. Carrie Lucas, Editor Of the
Iowa Suffrasist, at Webster City
Womsn Have Spirited Word Contest.

Special to Times Republican.
Webster City. March IA hot fight
was precipitated this morning at the
business session Of the Upper Des
Moines Corn Belt Editorial Associa-
ton, when Mrs. Carrie Lucas. editor Of
the Iowa Suffragist. Of Clarion, made
a personal reference to Senator D. C.
Chase. Of this city, while delivering an
address on woman suffrage. She
characterized him as the greatest
stumbling block to suffrage in the Iowa
legislature.
Senator Chase. knowing that Mrs.
Lucas was to speak, had sent his pri
vate secretary. Miss Ethel Virtue, to
attend the editorial meeting in Web
ster City. Miss Virtue was on her feet
the instant Mrs. Lucas sat down. She
ably defended the proposition of a
woman primary on the suffrage ques-
ton and personalities were indulged in.
but the senator's secretary held her
own, and was roundly applauded by
the $50 newspaper men present.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-03-14
Oxford team. won in the hurting of
the weight with put Of 4S feet 3
inches. and won the hammer throw
with throw Of 142 feet. inches.
suLzER REMOVES PRISON HEAD.
Col. Joseph z. Scott Dismissed on
CHARGE That He Favored Thaw.

Charge That He Favored lnaW.
Albany, N. Y. March 14-Col. Joseph
F. Scott, superintendent of state pris-
ons, was removed from office by Gov
ernor Sulzer. Charges Of nonfeasance
and neglect Of duty against the super
intendent were preferred by the COVER
nor yesterday and Colonel Scott was
given until noon to reply. He filed
written answer, but did not appear III
person before the executive.
Owen L. Potter, the governors legal
assistant, was designated by the ex-
ecutive to act as superintendent tenn
porarily.
The charges against Colonel Scott
concerned mainly the conduct of the
Matteawan state hospital for the Grim
inal insane, where Harry X. Thaw is
confined.
Colonel Scott, after his removal. is
sued a statement, declaring that the
charges Of the governor were trivial
and in no way PERSONAL" and involved
no neglect Of duty or incapacity to
perform the duties of the office.
Colonel, Scott declared that the
charges that he had favored Thaw are
absoltely false. "The men who have
made them in the past and whoever
may make them in the future" he
says. will have an opportunity Of
proving them in court Of law"