davidaulloa/AmericanStories huggingface dataset:
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-04-30
DECISION OF THE
SUPREME COURT

Archibald A. Doolittle, plaintiff and
respondent, VS.. Herman Nurnberg, de-
PENDANT and appellant.
/. In an action to foreclose a mort
gage on real property given to secuTa
the payment of $22. 500 and interest
represented by four promissory notes
given in payment of a portion of the
purchase price Of the property mort
gagged. defendant i~nterposed the de-
tense that plaintiff waived the default
In the payment Of the first note due
April 1, 1911, and that he is estopped!
from f~oreclosing for such default. The
trial court held adversely to defend
ants contention and on a trial de novo
In this tourt it Is held that such de-
Tense Is without merit, the same not
having been either properly alleged or
proved.
2. The mortgage contains the usual
stipulation that if default be made in
the payment of any sum or the inter-
est when due, 1t shall be lawful for
the mortgage to ~foreclose. Also a
further stipulation that in case Of de-
fault in the payment Of interest or any
installment of principal, the mortgage
may declare the whole sum due. Some
time after default had occurred in the
payment o. the interest and principal
due on April 1, 1911. defendant mailed
to plaintiff a draft for the overdue in
terest but paid no part of the princi-
pal then due.
Held, that the acceptance of the
draft for interest did not operate as a
waiver of plaintiffs right to ~foreclose
the mortgage for the amount Of the
principal.
3. The commencement Of the fore
closure proceedings for the collection
Of the full amoun secured by the
mortgage, was a sufficient exercise by
the mortgage of his election to de-
clare the entire sum due on account
of the default in the payment of the
first installment. Under the terms OF
the mortgage it was not incumbent
upon him to give the mortgagor per-
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-04-30
,onal notice of his election to declare

sonal notice Of his election to declare
the entire sun due.
4. Two counterclaims contained In
the answer in which defendant seeks
to recover damages for a breach of
covenant /. the deed Of the premises
from plaintiff to him because of an al
legged dedication by plaintiff Of a right
of way over a portion of the property,
considered and held without merit for
the reason that the proof fails to es-
tablish the fact Of such dedication as
alleged. or at all.
(Syllabus by the court.)
Appeal from district court, Suits
mar county; J. A. Coffey, J..
Action in foreclosure. From a judg-
ment in plaintiffs favor, defendant ap-
peals.
Affirmed. Opinion of the court by
Fisk, j.
oscar J Sailer and A. w. Aylmer
Jamestown. N. L. for appellant; Carr
& Kneeland, Jamestown, N. D., for re-
spondent,
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-04-30
WELSH BEAT CROSS
IN tame fight

Los Angeles, Cal. April S0.-Freddie
Welsh, British lightweight champion.
was awarded the decision over Leach
Cross, of New York, in a 2o-round con-
test at Vernon arena. With the excep-
ton Of the final round the fight was a
very tame affair. More than half the
time the men were on their feet was
spent in clinching.
Neither man fought in anything like
near championship form, much to the
~displeasure of the spectators. In the
eighteenth round the arena ~resounded
with cries Of "fake!" and make 'em
fight!" The referee continually had to
pull them apart. .
Cross seemed worried from the start
and Welsh early revealed an inclina-
ton to clinch, Both attenpte mel,
more than one or two blows. In the
latter half Of the twentieth round
Welsh forced the lighting amid consid-
cradle applause. Welsh finished much
the stronger.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-04-30
Read The Forum for
Latest i'm Baseball
BURMEISTER SEES GREAT
PLAYING SEASON FOR
THE NORTHERN LEAGUE
Bill Carney Will Umpire Opening Series Between Fargo
Moorhead and Superior-Every Club Has Been
Observation-Disclosures Article Of Ball

Editors note-The following SUM
mary of conditions in the Northern
league just before the opening Of the
season, by President Burmeister, was
marked for release Sunday. It was
used yesterday however by The Duluth
Herald, which breaks the release date:
AS the time for the opening of the
Northern league playing season APP
proaches the outlook for a banner
year becomes brighter each day. Every
club has been training hard during the
past few weeks and, as each manager
has been claiming the championship
for his respective club, nc man a tell
anything about how the race for the
1914 pennant Is to end. While owners
and officials are very uncertain as to
the winning of this honor. all are sure.
however, that every club has added
strength since the season Of 1918 and
that the class Of ball in the Northern
league this season will be a nearer
approach to that OF h major leagues
than this section has ever known be-
fore. Club owners without an excep-
ton have done everything possible to
improve conditions in their parks and
all will be better able than ever be-
fore to handle their baseball public
in big league fashion. The owners of
LiC VllltA4pSo / ION A4AAOLANCN WA
structing a new grand stand with a
seating capacity of 5000 but have re-
Trained from doing SO because of an
inability to get a long time lease.
With q lease running only the present
year they thought it foolhardy to
construct a new, permanent stand,
but have made extensive improve
ments on their old equipment and
will be in a position to take car of
their crowds in a satisfactory man
ner.
The office expects to give the pat
rons of the Northern league the very
best article Of ball they have known
since its organization and believes
that in each Of the cities the attend
ance will far exceed its figures past
years. . With the advanced article OF
ball, with improvements in the hand
ling of the crowds, with a first class
staff of umpires and with a determine
ton on the part Of this Office to free
the spot from all faint OF rowdyism,
1t would look as If the great national
game must appeal in a deeper and
better sense than before to all classes
of people who reside in the cities OF
it's circuit. 49, e..
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-04-30
Straight at IL.

There is no use Of u beating
around the bush.' We might as well
out with 1t 1rst as last. We want you
to try Chamberlain's Cough Remedy
the next time you have a cough or
cold. There is no reason so far as we
can see why you should not do 80. This
preparation by it's remarkable cures
has gained a world wide reputation,
and people everywhere speak Of 1t In
the highest terms Of praise. 1t Is for
sale by all dealers.-Adyt.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-04-30
AM
Senators Triple Play.

Philadelphia. April s0.--A triple play
by Gandil, Foster and Mcbride featur-
ed Washington's victory over Phila-
delphia, by s to 4. In the sixth inning
the home team tied the score. With
runner on third and second and nc
one out, Ayres took Eagles place
with Barry at bat. On an attempted
double squeeze play, Gandil grabbed
Barry's hunted fly with his gloved
hand, threw to Foster retiring McInnis
and Foster threw to Mcbride. putting
out Strunk at second. Score:
r. III. e.
Washington 6 II i
Philadelphia 8 2
Batteries-Ayres, Engle and Henry;
Houck, Bressler and Schang, Lapp.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-04-30
COLLEGE BASEBALL.

At Princeton-Virginia 4. Princeton
s, .. ,
At Observation-Disclosures s, Penn
~sylvania /
At Annapolis-Navy 7, University Of
North Carolina /.
At. South Bethlehem-Lehigh s, New
York university 2.
At Observation-Disclosures 4, Swarth-
more O..
At Columbia, Mo.-University of
Missouri 4, University of Texas s.
At New Haven, Conn.-Georgetown
10, Yale l..
At West Point-west Point 16,
Bucknell
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-04-30
AMERICAN ASSOCIATION.
Stolen Base Won for Brewers.

milwaukee, Wis, April 30.-Phil
Lewis stole home in the eighth in
ming Of the game between Milwaukee
and Cleveland here, breaking a 3 to 3
tie and giving Milwaukee a victory 4
to 8. Up to that time Dougherty and
had waged an ven battle. Phil
Lewis also starred at bat, getting
three hits out Of three trips to the
plate. One of his hits was good for
two bases.
Score r. H. E.
Milwaukee 4 s 3
Cleveland 3 5. 0
Batteries-Dougherty and Hughes;
Briton and Roth.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-04-30
FEDERALS GO TO
COURT ONCE MORE

st. Louis, April 30.-Suit for $4,000
damages~was filed in the circuit court
here by~ the Kansas City Federal lea
que club against Fred Banding, pitch
er with the Cleveland Americans, for
alleged breach OF contract. An injunc-
ton to prevent Blanding from playing
with any club other than the Kansas
City Federals Ia sought.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-04-30

Let a McDougall cabinet pay for
itself BY working for you; let it save
supplies, energy, doctors bills. Buy
on the cooperative plan at Luger
Furniture Co.-AdVt.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-04-30

If milk is used to soften shoe polish
1t will improve the gloss.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-04-30
Senators Make 20 Runs.

Senators Make 20 Runs.
Kansas City, April 30.-Twenty-
seven hits kept. Kansas City fielders
busy, while Columbus piled up a to-
tai of twenty runs against eight for
Kansas City. In the field the locals
frequently let easy chances go for
hits. The day vas cold and only a
few spectators were out.
Score r. H. E.
CoIuInpuS .....s.,.. ~ q
Kansas CITY ................ 3 y 8
Batteries-Ayers and Robertson;
Smith, Bearman, Willis, Richie and
Moore.
Saints Lose to Colonies.
St. Paul, April 30.-Toney held st.
Paul to two doubles and Louisville
beat st. Paul 3 to 0.
Score r. II. e.
LOUISVILLE 8 L
St Paul 0 2 D
Batteries--Toney and V. Ciemons:
Karger and Glenn.
Game Postponed.
Indianapolis Minneapolis game post
poned, rain.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-04-30
Yankees Win From Red sox.

New York, April 30-Walsh's home
run into the left field bleachers in the
fourth inning enabled New oYrk to
defeat Boston in the first game of the
season / to 0. Fisher pitching brilliant
ly for the home team, and being well
supported. Leonard and Bedient also
pitched q strong game for Boston. The
Score
r. Fl. Il.
Boston O: z /
New York 0
Batteries-Bedient, Leonard and
Thomas; Fisher and Sweeney.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-04-30
x. c. outpIayed Brooklyn.

x. c. ou+played Brooklyn.
%outbatted and outfielded the Brooklyn
Federals and won a 10 to 7 game.
Score: r. H. e.
Brooklyn 7 10 3
Kansas City 10 IL /
Bateries-So1nmers. Peters, Marion
and Owens; Harris, Stone, Packard
and Easterly. u.s..
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-04-30
Indians Take Another.

Indians Take Another.
Indianapolis, April 30.-Falkenberg
allowed ~Pittsburgh's only three hits,
all short singles, and Indianapolis won
the second game of the series 2 to 0,
here.
Score: r. H. E.
Pittsburgh 0 3 0
Indianapolis 2 S l
Batteries-Henderson and Roberts;
F~aIkenburg and Rariden.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-04-30
Americas Association.
NATIONAL ASSOCIATION.

PhiIlies in Second Place.
Brooklyn, April 80. - Philadeiphia
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-04-30
Browns Defeat Maps.

st. Louis, April 30.-A combination
Of hits and errors in the third inning
this afternoon gave St. Louis four
runs and these with one each in the
first and eighth inning were enough
to win from Cleveland s to 8. Score:
r. III. e.
Cleveland 3 z Q
st. Louis 6 IL /
Observation-Disclosures, Mitchell and
Carisch; James and Crossin.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-04-30
FEDERAL LEAGUE.
chifeds Beat Baltimore.

Chicago, April 30.-Fisk's wild throw
held Baltimore to two hits and the
Chicago Federals won the second
game OF the series 2 to /.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-04-30
Pitchers satsls Goes 10 Tigers

Detroit, Mich, April 3O.--Sensation-
al pitchers battle with the leadership
of the league as its prize. went eleven
innings before Detroit defeated Chi
.cago 1 too. The game was lost by
one twirler and won by the other.
.Cicotte and Dubuc pitched superb ball,
but In the final inning the Chicago
hurler weakened under the strain. He
passed M~orarity and when Stanage
hunted, Cicotte threw wildly over
Viewers head in an attempt to retire
Morarity at second. The latter went
to third and scored on Dubuc's sacri-
fee ny to Collins. Score:
r.. III. u.
lcagp 1. D. 5 z
ssroit $3.50. 5 4
Batteries Cieotte and schalks
sDubuc and Stanage.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-04-30
St. Louis Takes Opener.

-. st. Louis Takes Opener.
st. Louis, April 30.-Three success
sive singles and a sacrifice fly in the
twelfth inning gave st. Louis the
opening game of the series with Buff
fago, 6 to S, here.
Gnnrn. ID ~ II
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-04-30
Pirates BingIed Cubs.

Rain Postpones Games.
New York, April 30.-New, York at
Boston postponed, rain.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-04-30

Grand Forks, n. ID, April so.--Eddie
Wheeler, fna1agerof the Grand Forks
baseball team in the Northern league,
has completed the organization of his
squad for the opening Of the season.
The Snowflake herald., 1914-07-18
ShOWlOW

Whit Ellsworth has returned
home from his visit at Thatcher.
Chas. Pettis has been a busi-
ness visitor in town this week.
Mr.. and Mrs. VIM. Moody and
daughter, Blanche, are visitors
from the ella.
John Hall, a very industrious
man, has been making some i'm
provements around his place.
Clark Owens, who has been
working as a fire guard in the
Heber District, has recently re-
turned home.
There are still a few cases of
mumps and whooping cough in
town, but we hope we will soon
get rid of them.
The infant daughter of Mr..
and Mrs. Joseph Stocks died the
9Th inst after a lingering illness
Of whOoping cough.
HerOld gave a moving picture
show last Tuesday night, but on
account Of the bad weather there
were not many attended.
The Snowflake herald., 1914-07-18
MARLEY'S CONVICTED
OF CATTLE STEALING

The jury term of the Superior
court was called Monday morn
ing at Holbrook at $3.50 o'clock.
On roll call it was found that
insufficient jurors responded to
their names to form a panel,
about one-third of the number
drawn having been excused by
the Judge, either over the phone
or on written request. An order
for a special venire was made
and a deputy sheriff dispatched
to the Snowfake-Taylor district
to summons the necessary num-
Der of talesmen.
Tuesday morning the required
number of jurymen to complete
the panel reported for duty, but
as Judge Sapp was disqualified
to try the most important cases
on the calendar the court stood
adjourned for the day awaiting
the arrival of Judge Shute of
Globe. Wednesday morning
Judge Shute called court and
proceeded with the selection OF
a jury to try the Marley case,
the examination of the jurymen
requiring the whole day. The
trial of the case commenced
Thursday morning and it is ex-
pected that it will require the
remainder of the week to sub
nit the evidence.
This is the same case that was
tried before Judge Sapp about a
year and a half ago but reversed
on appeal to the Supreme court
because of the errors of the Su-
perior court.
LATER Just before going to
press we learn that the Marley
case was concluded yesterday
and the jury brought in a YER
dict of guilty.
The Snowflake herald., 1914-07-18
st. Joseph

]. E. Richards is now riding
arOundin new Ford auto which
he obtained by trading his old
car and some money to boot. +"
Last Sunday morning Roy
Cummins and wife arrived here
with the corpse of their six
moaths-old baby. The child had
been sick for some time so they
took it up in the mountains think
ing that might help it, but at 6
r M; Saturday, while at Cooley's S
"a ranch, the little one passed away.
They travelled all night, reaching
mere about $50 Sunday morning.
Inc funeral services were held
at $3.50 in the afternoon of the
same day.
j. W. Richards is attending
court at Holbrook this week.
Misses Pearl and Clara Hansen,
hdlth Fuller and Mr.. Adelbert
hansen attended the musicale
gwen 4 by Mrs. w. R. Black at
nOlbook Wednesday evening.
The Snowflake herald., 1914-07-18
HOlbrOOk

". I. |. Houck, deputy sheriff,
Cs was In the city from Winslow for
Court week.
h.. george Bailey, county ranger,
I'd has been in town this week as
One OF the court officers.
!, Atty. E. P. Conwell of Wins
oo ~w was in the city for the jury
~. IeSSlEn 10 of the superior court dur
ing the week.
e.. marley Thomas moved his
da.l dda,nlly in from the ranch Wednes-
b"s, hoy ana is now domiciled at his
i ;Ohn W. Adair, deputy sheriff,
tba u .lhe [he city from Pinetop aiding
Of Of ~ NSnerltf's office in taking care
Me court business.
leSn,nW a., ", Bush, Indian Agent at
'pp' IS in town looking after
The Snowflake herald., 1914-07-18
Taylor

Rorn. to Mr.. and Mrs. Arthur
Palmer. a fine baby. All concern
ed doing nicely.
John McCleve and family have
met moved to their new home on
the old Jones farm.
Willie Hunt from Woodruff
Visited his cousin, Alma Hunt, of
this place, last week.
Conioint meeting of young men
and Young ladies was held Sun
dav M night and will be held reg
ularly once a month.
]. Joseph Perkins, Sadie Perk-
ms and Maggie Butler left here
Friday morning to attend a we'd
ding dance at Showlow.
Last Friday the two month
old baby of Mr.. and Mrs. Wiltird Jig
Rates died with measles. The
bereaved parents have our SYM
pathy.
Lee Hancock left his friends
in TAYLOR Saturday for his home
IN Hubbard, Ariz. He expressed
himself as satisfied with Taylor
and its people and that he would
come again and we hope it will
he soon.
The Snowflake herald., 1914-07-18
MEXICO NOW HAS
A new PRESIDENT

Victoriano Huerta has resigned
as president of Mexico and Fran
cisco Carbajal, minister of for
eign relations, has assumed the
presidency. 1t is reported that
Huerta, as soon as his resigna-
ton was accepted, fled from
Mexico City.
Villa, the noted fighting rebel
general, seems to be satisfied
and says the quarrel has been
settled. If he has let up there
will not be much more doing in
the fighting line until some of
the factions try to pull one
over" on the astute general.
According to a late dispatch
from Ell Paso, Tex, Is, 900 troops,
1000 from each division of the
revolutionary army, will enter
Mexico City simultaneously. This
plan, it was pointed out. would
prevent any jealousy arising be-
tween the three divisions of the
army. 1t was predicted that
each division commander, Villa,
Obregon and Gonzales, would
lead his own command into the
capital.
After military rule has been
established in Mexico City, the
other troops in the three divi-
sions will be permitted to visit
the capital. If this plan is ad-
hered to, more than $4,000 con-
stitutionalist soldiers will be
quartered in Mexico City within
a few weeks.
The Snowflake herald., 1914-07-18
CELEBRATE 24TH WITH
SNOWFLAKE PEOPLE

Everybody from everywhere
will be welcomed at the annual
24th celebration in Snowflake
this year. The entertainments
heretofore on this day were ex-
tremely entertaining and anus
ing and why not make the COM
ing celebration the best one yet.
The program is as follows:
Serenading by the band, under
direction of Wilford Rogers.
Flag hoisted at sunrise by Har-
old Ballard and Ernest Hulet.
Meeting at 9:30 a. m.
/. Pioneer drama, under the
direction of Marion Rogers and
Laura B. Hunt.
2. Singing by the congrega-
ton.
3. Grafton by o. D. Flake.
A. Music by the band.
5. Stump speech, Thos. Tan
ner.
{. TOaStS and sentiments by
Mrs. May H. Larson.
9. Piano Solo, Leone Kartch-
ner.
10. Comic Reading, Florence
Bushman.
IL. Orchestra Selection, un-
der direction Lafayette Kartch-
ner.
IL. Benediction.
Afternoon Committee Taylor
Hunt, chairman; Tillman Willis,
j. M. Smith, Noble Rogers and
Charles Flake.
Decorating Committee The
Second intermediate Department
taking part.
Refreshment Com. &C and y
booths, Bertha Owens, Ita Hunt
and Ada Willis.
Ice cream, under direction OF
Primary and kindergarten De-
partments.
The afternoon program will
be a good one. See bills later,
The Snowflake herald., 1914-07-18
News Items From Our Correspondents

the interests of few of the
wards of the government under
his agency who are in trouble at
this term of. the court charged
with offenses against the dignity
of the stat@
Reese M, Ling and Judge Barn
um of Phoenix arrived in the city
Monday morning to assist in the
prosecution of the Marley cases.
J.W. Weatherford of Flagstaff,
Democratic candidate for Cor
poration Commissioners. was in
the city during the week making
canvass of the faithful before
the primary.
Banker w, H. Burbage and A.
H. Hansen, j. P, representing
the legal department of Winslow
were at the county seat Tuesday
adjusting such matters as needed
their attention.
f. +. F'licking and r. G. Cres-
we'll are prominent citizens of
the metropolis in attendance at
court this week, the former as a
juryman and the later as a wit
ness. Both gentlemen are ex-
supervisors and are we'll and
favorably known at the county
seat.
A man wearing a heavy over
coat as we'll as a coat and vest
attracted considerable attention
on the streets Thursday. The
report that he was a feeble-mind-
ed citizensof Winslow proved tc
be entirely unfounded, the visitor
being a well known citizen OF
Phoenix who had recently arrived
on a late train. And still some
people say it is hot in Holbrook.
Judge B. F. Adams of Albu-
qUerque arrived in the city Sun
day morning and will remain dur
ing the jury term of the Super
ior court. Judge Adams is one
of the most prominent attorneys
of the Southwest with a CLIENTELE
extending from Texas to Califor-
MIA. He has several prominent
cases on the calendar for trial at
this term of the Superior Court.
C, N. Naramore of st. Johns,
Judge Ling's stenographer and
Court Reporter of Apache county
arrived in the city on Sunday s
stage. Mr.. Naramore has been
engaged to report several import
ant cases that are on the calendar
to be tried at this term of the
Superior Court as an expert Ste
nographer, the litigants employ
ing him not being satisfied with
Sidney Sapp's stenographer.
T. F. Dye Of Winslow was 9
business visitor at the county
seat Monday. Mr.. Dye is 9
candidate for the office of Justice
of the Peace of the metropolis
and claims to be the first one tC
shy his hat into the politica
arena for the position but that
since his start the headgear Of
possible candidates has been fly
ing in every direction.
Attys. j. E. and G. c. Jones Of
Flagstaff arrived in the city Sun
day for court week. Atty. j. b.
Jones is an old and successful
practitioner in the courts of thi:
county while this is the first ap
pearance here of the junior Jones
C. C. is a son of the old attorney
]. E. Jones, and is now engaged
in the practice of law with hi
father under the firm name O.
] Jones & Jones.
The Snowflake herald., 1914-07-18

A Georgia dry town recently
voted in favor of saloons, and
here is the reason given for the
change of heart by prominent
citizen: IF we are going to
stand for our women folks wear
ing shadow skirts and slit skirts
and transparent skirts, and our
young women learning to dance
the boil weevil wiggle, the Texas
Tommy, tango, the bunny hug,
the bear dance, the half center,
the buzzard flop and the puppy
huddle, and so on down the line,
then the men might just as well
have their saloons and the Wnoie
push go to hell together.