davidaulloa/AmericanStories huggingface dataset:
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-06-18
SYLLABI|SES
of Some Appeal Cases Recent.
Iy Decided by The State
Supreme Court.

SylIabuses in cases recently decided
by the. state supreme court are as
follows:
Brokaw v. Carson ct al, jackson
county. Reversed and remanded, Judge
Williams
Equity will not enioin the operation
Of an ice plant on account of the noise
produced by it, at the suit of party
who consented to its erection within
close proximity to his dwelling house,
and who permitted it to be completed
and expensive machinery installed
without objection.
City OF Elkins v Donohue, Randolph
county. Decree affirmed Judge Lynch.
l. Where an owner causes land to
be surveyed and plated into blocks
and lots, with avenues, streets and
alleys, and sells and conveys lots by
numbers and street location as des-
ignated on the map thereof duly re-
corded, he thereby dedicates such ave-
nues, streets aud alleys to public use.
2. A purchaser of a lot designated
in his deed by number, street boun-
daries and distances, according to such
map, is estopped to deny dedication of
streets and avenues adjacent thereto.
B. While a city may by charter de-
clare and abate as nuisances en-
croachments on public street will
will not, for that reason alone, deny
relief by injunction.
4. However long continued, en-
croachments on buplic street will
not confer title, by adverse possession,
to any part of the thoroughfare.
Martin V. Reiniger, Kanawha coun-
ty. Judgment affirmed. Judge Lynch.
!. Where one, by contract Jointly
bound by two, pays one of them who
accepts the same, his share of the
common debt, this effects severance
thereof, whereby the other may alone
sue for the share due him under such
contract.
2. A case wherein rulings on in
structions are approved.
Griffith V Cook, Raleigh county. Re-
versed, judgment here. Judge Will
liams.
A paeol agreement between two per-
sons, not forming a partnership for
purposes of speculation in lands, to
the effect that one of them shall buy
certain lands and take title himself
and thereafter convey a o1e-third in
terest therein to the other, on pay
ment of ratable portion of the pur-
chase price, Is within the statute Of
frauds, and no action can be main
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-06-18
R. H. z.

Boston ........ 900 900 1000 Q
st. Louis ...... .O20 002 00x-4 10 /
Batteries: johnson, Bedient and
Cady. Hamilton and Agnew.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-06-18
BASEBALL. In
. A NUTSHELL
YESTERDAYS RESULTS
NATIONAL LEAGUE.

AT New York R.H.E.
tPittsburg ...... 1000 900 O0O--o 3 2
New York ..... 100 o02 2Ox-5 o
Batteries: McQuillan and Gibson.
Mathewson and Meyers.
At PHILADELPHIA R.H.E.
st Louis =. .0O2 900 002 oo-4 0 j
Philadelphia 100 001 oil 01-5 10 2
Batteries: Doak, Griner, Sallee and
Snyder Alexander, Mayer and Kill
ifer. Eleven innings.
Morning game
Chicago oil OO1 OOO-3 s 2
Boston ..... 1903 02o OOx-s /
Batteries: label, Humphries and
Bresnahan and Hargraye. Tyler and
Whaling.
Afternoon game
At Boston R.H.E.
Chicago .~..... 900 600 1923 I 2
Boston 500 DOL O1x-7 IL o
Batteries: Pierce, Smith and Bres-
nahan. James and Whaling.
At Brooklyn R.H.E.
Cincinnati =. 900 600. O1O o. 3 8
Brooklyn 49,. 900 600 100 ID 4 /
Batteries: Douglass and Clark and
Gonzales. Pfeffer and Fisher. Ten
innings.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-06-18

Floyd Teter VS.. Norfolk Fire In
Esurance Corporation, Barbour county,
judgment reversed, verdict set aside
and case remanded, Judge Poffen-
Ebarger.
/. To warrant recovery for par
tial loss. upon a valued fire insur-
ance policy on real estate, 1t Is neces-
sary to prove compliance with stip-
ulation TO arbitrate the loss. as a
condition precedent to the right OF
action, or an excuse for non-complt-
ance Herewith, If it has been denied;
and instructions authorizing recovery
for such loss, without such proof, are
erroneous.
Q. A condition in fire insur-
auce policy, avoiding it for additional
insurance on the property, existing
or subsequently acquired, is not multi.
fed by a permit to take limited
amount of such insurance.
.. A slight excess Of additional
insurance under such permit, with
out proof of fraudulent intent in the
procuration thereof, does not invaH-
date the policy.
4. sequential injury or damage
to the property lnSuTeu, uOL ISduAAy
discoyerable, until sometime after
the Are, may be considered by the
jury.
5. A three-fourths value clause at
tached to valued. fire insurance pol
icy is inconsistent with the statute,
and, therefore, void.
8. Cost OF construction OF the In
jured or destroyed building, the kind
of materials used, their quality and
cost, the character of workmanship
and other similar matters, of cir
cumstantial nature are admissible
evidence on the issue as to the extent
Of the loss, and, in estimating the
cost, witness may use, as data, the
bills paid for materials and labor in
the construction thereof.
Z. Fragments OF damaged wood,
metal, glass and other materials
taken from the injured building or
debris are admissible as evidence of
the extent and character Of the in
jury.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-06-18
Il. Ii. 3.
IN clevaland-
RH.E

Batterles: McHaIe and LNunamake
Cavet, Hall, Main, Dubuc and stanag
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-06-18
Have The Telegram
Follow You

when you go on your vacation
trip this summer. have the Daily
Telegram follow you. 1t viii be
just Ike a daily letter from home.
Address changed as often as de-
sired. The cost will be only 1Oc a
week, or CSC month.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-06-18

.
Forward deck of o. s. s. Mississippi
According plan been submitted to the senate by
tary Of the Navy Daniels it is proposed sell the aehps
$500000 each add proceeds
hsass deadnaugh There is little objection selling the
two Greece has offered the
Just what they cost to build allowing for the depreciation
do not believe that another ship should be authorized
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-06-18

good cause for setting asidea tax deed
acquired in pursuance thereof.
Stewart ct al v. Parr ct al, bod dridge
county. Judgment affirmed. Judge
Lynch.
1. Where infants are defendants in
e1ectment, as properly they may be
the court should, as in this case It did
on plaintiffs motion, appoint a guard
ian ad Item, by whom they may appear
and defend. But such appointee may
but need not necessarily, be the legal
guardian. Norris itcessential he shou.d
be named as defendant therein.
2. An instruction, based on, but In
adequately stating, correct legal prin-
ciples, will not be deemed prejudicial
If, when read with others, it is appar-
emit the jury was not misled thereby
3. An instruction, by which the
jury was informed that, Sin ascertain.
ing the true boundaries Of a tract oil
land described in grant or deed
course and distance yield to marked
trees and other permanent monuments
identifying corners and lines" whl:e
not universally true, is nevertheless
appropriate where the identity OF
some OF the corners and monuments is
admitted or clearly established by
proof, though the identity and location
of other lines and monuments is in
fact in issue, as to which the evidence
is voluminons and conflicting.
4. Where the issues properly sub.
mitted to jury are solely questions
Of fact, to be determined from com.
petent though conflicting evidence, its
verdict will not be disturbed, unless
the evidence Is palpably insufficient tc
sustain it.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-06-18

At Detroit
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-06-18
FEpERAL LRAGUE.

Berry. Lange and wilson.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-06-18

At Kansas City R.H.E.
Baltimore 80. 900 900 O2O-2 10 8
Kansas City =. 900 100 OOo-1 i
Batteries: Quinn and Russell and
Jacklitsch. Harris, Stone and Easterly.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-06-18
At Indianapolis

AT Indianapolis r. II. p.
Buffalo ...... $50 00t 200-S 9 /
indianapolis .332 DOL 0Ox-11 10 2
Batteries: Schultz, Moore, Moran
and Blair. Billiard, Mullen, Mosely
and Rariden.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-06-18
Batteries: Brown, Bressler and
Lapp. Faber and scha1k.

Il st. Louis
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-06-18
tanned on it.

Shrader ct al v. Medley eet al, Kan
awha county. Reversed and remand
ed. Judge Williams.
An agreement between two or more
persons. not general partners, who
contemplate bidding on lands at a
sheriffs delinquent tax sale, not to
bid against one another, or that one
of them shall bid in certain tracts
in the interest of all, is unlawful, and
good cause for setting aside tax deed
acquired in pursuance thereof.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-06-18
Ia IA

bHIteTIes. AaDeIt iumphrles and
Bresnahan and Hargrave. Tyler and
Whaling.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-06-18

Batteries: Fierce, Smith and Bres
nahan. james and Whaling.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1914-04-16
GOOD ROADS DAY IN ILLINOIS
Governor Dunno and Prominent Citi-
zens Weld Shoveis.

Governor Dunno and Prominent Citi-
zens Weld Shoveis.
Chicago, April Ex-Governor Dunno,
members of the Illinois legislature,
judges, bankers, business men, school
children and scores of others, have
begun the task of building the Lin
coin highway across Northern I'LL,
nois, from the Mississippi river to
the Indiana state line.
Each of the hundreds welding a
pick or shovel will receive a check
for 1 cent and a card signed by Sam
uel Gompers, signifying that he is
an honorary member of the American
Federation of Labor.
Under the terms of proclamation
issued several weeks ago by Gov
ernor Dunno, this is Good Roads
day" In Illinois. The celebration
marked the beginning of road con-
struction in Illinois with state aid.
In Cairo, Aurora, Bloomington, Quin-
cy, Moline and about fifteen other
cities, road dragging contests were
held and cash prizes awarded to the
winners ..a'5..,
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1914-04-16
COUNTY OBSERVATION-DISCLOSURES
Commissioners Adjourn After Two
Day Session Contract for Disposal
Of Ditch and Road Bonds
GIVE BEM1DJ1 $4,000 FOR BRIDGE

After two days session the board
OF county commissioners adjourned
late yesterday afternoon. Much
work was disposed of during the
meeting, among which was the
granting of seven contracts for road
building. Every member of the
l'board was in attendance at the meet
ing, Rako, Clementson, Myhre,
Thompson and Lennon.
The board contracted with C. A.
Alder of Duluth to act as fiscal agent
for the county. Mr.. Adler guaran-
teed to find purchasers for five per-
cent bonds, including $224,O00 for
bitches and 100000 for state rural
highways. If he fails to make good
his contract he will forfit to the
county $4,000. The transaction
reducing the per cent from five and
a helf per cent will mean a saving of
more than 81 1000 to. the tax payers
Eof the. county, and is undoubtedly
the best deal the county has ever
been able to complete for the dis
posal of ditch and road bonds ~
The request of the city council to
have the county pay to Bemidji its
share of the money received from the
road and bridge tax, was granted,
$4,000 being allowed. This amount
will be taken from the amounts
which have been distributed to the
commissioner districts for road and
bridge work. Warrants will be is
sued for another $1,000.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1914-04-16
HEIR CANNOT BE LOCATED
Judge Clark Decides That $42.6O
Should Be Given County

.s = &
Beltrami county's treasury may be
enriched to the extent of $42.6O, be
cause of an instance which is without
precedent in the probate court of this
county. BY the death of Mrs. Min
ME Major, which occurred several
years ago, a portion of her estate was
left to Mrs. Minnie Ayers, who cam
not he located, although it is be-
lieved she is alive. The amount due
Mrs. Ayers is $42.60, which Judge
Clark has caused to be turned over
to Earl Cell, county treasurer. Here
it will remain for twenty-one years
as part of the revenue fund, and
unless claimed within that time will
belong to the county
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1914-04-16
RECEIVES EXTRA MEASURE
Bill, . the Stay-at-Home Dollar Con-
tinues on His March, Through Be-
midji-Buys Gasoline
VISITS OLAF ONGSTAD'S GARAGE

Dollar Bill'' this morning entered
the garage of Olaf Ongstad under
the tutorship Of C. c. Markusen and
demanded five gallons of pure gaso-
line
The gasoline will be used to drive
MAUD" about the city delivering
groceries to rich and poor alike.
What are you going to do with
Bill = was asked of the proprietor
of the ;Bemidji Auto Co. "Spend him
in Bemidji," was the quick response
Il SsDid you give good meause for
Bill, 2 was asked. 'fGood measure,
should say we did. A fellow can t
hardly help but put in a little extra
when he knows he's getting money
that's going to stay in Bemidji. We
treat him like one of our own" con
tinued Mr.. Ongstad.5
Since Tuesday, the 18th, s:Bill' has
OK
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1914-04-16
FAIR STORE TO EXPAND
Sixty Foot Addition to be Built in
Order to Enlarge Stock and Make
Other Improvements
WORK TO BEGIN MONDAY

- Contractors are expected to be-
gin work on the construction of a
sixty foot addition to the Fair Store
building on Third street next Mon
day The additional floor space
will be occupied by the Fair store
which will include two floors. .-
George Kreatz owns the building
and will also do the contract work.
With this addition the Fair Store
quarters will be nearly doubled in
size. --
Mr.. Elliot, proprietor of the store
|stated today that the work will be
completed in six weeks. The store
will be remodeled and rearranged and
ian electric fountain will be con-
|structed in the center of the main
floor. The stock will he depart
mentiZed and the sales force largely
increased. Additional lines will be
added, including music The store
is also to have a fine rest room for
the accommodation of, farmers and
other out of town people
The offices of the store manager
will be situated in the center in the
balcony, from which position a
splendid view of the entire floor
may be had. Clearance sales in
the various lines will be held in or
der to make room for the contractors
and to permit Of moving the stock
and placing it to better advantage.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1914-04-16
UNITED STATES
MAY SEIZE TWO
PORTS in MEXICO
Plans of Administration Announced
and Congress Will Approve
Huerta Must Obey Request
TAKE TAMPlC0 AND VERA CRUZ
Incidents Cited Whereby Dignity Of
Nation Must be Protected-Uni-
formed Orderly Arrested

Washington, April 16.-Huerta will
salute the American flag or the Allan
tic fleet will seize Vera Cruz and
Tampico. What happens afterwards
depends on Huerta.
That is President Wilson's determi-
nation. Leaders in congress, with
7hOm he conferred, agreed there was
ample precedent for such action.
Not only the TampicO incident, but
a long series of indignities offered to
the United States, to the conspicuous
exclusion of other foreign nations rep
resented in Mexico, has convinced the
president and his advisers that the
United States has been singled out
for manifestations of i'll will and con-
tempt
Official dispatches to Charge
O'Shaughnessy have been intercepted
by the Mexican censor.
A ships orderly ashore in full uni
form in Vera Cruz on business of the
United States was arrested and re.
leased, while a nominal punishment
was melted out to the local officials.
These hitherto unpublished facts were
disclosed in an official statement.
President Wilson told his advisers
that he stands for peace, but is deter
mined to force Huerta to recognize
the honor and dignity of the United
States.
While these developments were tax.
ing place in Washington the ships OF
the Atlantic fleet were beginning to
move toward Tampico. The first of
the big fighters cleared from Hampton
Roads and others in the Atlantic navy
yards were ready to sail before night.
Other incidents Cited.
An official statement, setting forth
the view Of President Wilson and the
administration, disclosed that the
Tampico incident alone was not the
cause of the sending of the fleet and
the preparations to back up the de-
mand for an apology.
1t disclosed the hitherto unpublish-
ed facts that official dispatches from
Washington to Charge O'Shaughnessy
have been Intercepted and delivered to
a Mexican censor, that ships order
~ sent ashore for mail at Vera Cruz
was arrested, although he was in full
uniform and carried the governments
mail pouch.
Mr.. Wilson impressed upon his call
ers that while he sincerely hoped no
occasion would arrive for the use of
force contingency might follow as
the result Of the American demand for
a salute and he wished members of
congress to be prepared.
All four men who saw the president
said no steps would be taken of a Sc
rious nature, such as the landing of
marines or the Smelling of a town
without authorization from congress-
MARINES have been landed BEFORE"
said Chairman Flood, without author
ization and towns have even been
shelled, but inasmuch as congress is
in session it would be more regular
to get authorization from congress.
"The president save us the history
Of the Tampico incident and explain
ed just what had been done, but flu
ture Developments depend entirely on
the attitude Huerta takes. Congress.
| am sure, will stand by the presi-
dent
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1914-04-16

Mill Park has been provided with
second merchant, a son having ar
rived at the home of Mr.. and Mrs.
Joseph Anderson, last evening. Ac-
cording to his father, the youngster
is a robust lad, and already lays
claim to a prominent position in the
world. Mrs. Anderson was former
ly Miss Minnie Lyons, a member of
the Bemidji school faculty.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1914-04-16
STORE CHANGES HANDS
A. Grossman Of Grand Forks Become.
Owner Of Hub Clothing Store

a. Grossman Of Grand Forks
North Dakota today purchased the
we'll known Hub Clothing store on
Minnesota avenue owned and operat-
ed for the past several years BY Gill
Brothers of this city.
The work of taking inventory was
completed today and Mr.. Grossman,
the new proprietor is now in posses
sion. He will continue to operate
the store under the name OF. the Hub
Clothing store.
He has brought with him B. Held,
also of Grand Forks who will look
after the sales department. The
store vii continue to carry com
@plete line of mems furnishings,
clothing and shoes.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1914-04-16
Attend Walker Court

B. w. Lakin, Dr.. E. H. Marcum,
DR.. E. A. Henderson, DR.. Rowland
Gilmore, DR.. E. w. Johnson and DR..
Garlock were among those who went
to Walker this morning where they
will testify in a case on trial before
Judge c. W. Stanton of this city.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1914-04-16
Open Swimming Season

Bemidji's swimming season of
1914 was officially opened yester-
day afternoon when two travelling
men, f. F. Smith, of the Money
weight scale company, and j. O. Da-
Wis of the Lorillard tobacco COM
pany, "enjoyed" a dip in the waters
of the Mississippi between lakes Be
midi and Irving. The stunt was
proposed by Smith and Davis called
his bluff.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1914-04-16
"QUo VADIso AT GRAND
Worlds Greatest Motion Picture to
be Shown Here Two Nights

r q a i + A+ s E. !
History, romance and tragedy are
blended into one awe inspiring and
thrilling ensemble in George Kleine's
photO-drama production of Henry
|Sienkiewicz' justly celebrated story
"Quo Vadis" which will be presented
lin Bemidji for the first time tomor-
row night at the Grand with ma
tinee Saturday at 2:3O This is the
most marvellous achievement yet in
photo drama and created a sensation
AT the Astor Theatre in New York
City, also at Chicago, Philadelphia
and Boston where the pictures were
presented to enormous crowds at
every performance. For scope, mag
nitude, extravagant splendor and IL
berality, these pictures have never
been equalled and they carry with
them an appeal to every community.
They entertain and instruct at the
same time and accomplish as much
for religion as they do fol-. study.
There will be two shows, one at Ills
and one at $50
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1914-04-16

The funeral of the two year old
son OF Mr., and Mrs. James Strathdee,
who died Tuesday from pneumonia,
was held this afternoon at the resi-
dence, corner of Mississippi avenue
and Eight street, Rev. S. E. P. White
officiating.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1914-04-16

Mrs. Albert Norrie was. badly
burned about the face and hands yes
terday while cleaning a sweater in
gasoline. Although the injuries are
painful they will not prove serious.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1914-04-16
ATTENDANCE TO BE LARGE
Many Announce Intention to be Pre-
sent at Dance to be Given by Men,
bers of Athletic Club Tomorrow
HALL ELAB0RATELY DECORATED

One Of the largest attended dances
ever given in Bemidji is the outlook
for the affair which is to be given
tomorrow evening by the members
of the Athletic club The COM
mittee in charge Of the arran gements
has mailed nearly five hundred in
yitations, many of them going to
Brainerd, International Falls, Cass
Lake, Grand Rapids, Crookston and
other places.
Every indication is that the at
tendance will be large and the COM
mttees have made their plans with
such point in view and special ac-
commodations have been provided
for
The floor of the large gym is in
excellent shape for the dance Rem
frey's orchestra will provide the mu-
sic.
In order that this evening may be
used in decorating the hall, the
baseball mass meeting has been
postponed until some later date. The
decorations will be complete in every
detail, and will completely change
the appearance of the dancing floor.