davidaulloa/AmericanStories huggingface dataset:
Lincoln County times. (Jerome, Idaho) 1911-1919, 1914-07-23
MAINTENANCE CASE DECIDED
Judge Walters Holds Against the
Salmon River Settlers in .
Test Case.

Judge Walters last week handed
down a decision In the case OF ]. K.
Pohlman VS.. The Salmon River Ca
nal Co, involving a question OF main
tenance, In favor of the defendant,
in which the Judge plainly states
that where parties have agreed by
written contract as to the manner In
which certain transactions shall be
handled, the written contract must
maintain, and in the absence OF fraud
| cannot be disturbed by the court.
The action was a test case under
taken by the settlers association. In
It the proposition was advanced that
the intent OF the entrymen's and the
states contract with the promotion
company was to furnish the settlers
with water for year before mainten-
ance assessments should commence
and that the contract implied that for
the two years succeeding the year OF
free delivery, the maintenance should
not exceed the sum OF 35c per acre.
The association based its case upon
that portion OF the contract which
states. in substance: no charge shall
be made for the delivery OF water pri
or to Jan. /, 1911, but that during
, the succeeding years, and until Janu
l ary 1. 1913, the charge shall not ex
ceed S5c per acre and that after tina
= date the yearly maintenance charg
4 shall be the actual cost of operating
$ system. The association believed IT
V position accentuated by the fact tina
g the canal company, being unable t
: furnish any water as contemplate
r prior to January l, 1911, delivere
IS water at intervals during the seaso
Of 1911 and made no charge therefor
l. The association believed the compan
V thereby recognized its obligation I
d furnish water under the contracts fo
l. one year without charge, and col
n tended that the deliveries OF 1911 dl
s. not constitute the proper and requi
k. ed fulfillment OF the contract becau'
,r Of their insufficient and unsatisfact
IN rv character. and that therefore Il
IN season of 1912, for which the comp
no nv levied a charge of 35c per acr
A. would constitute, II water was pro
No erly delivered the first years dell
re cry. for which no charge whate'
,ir should be made. and that consequer
ev " the date when the company shou
of begin to levy the actual cost OF mai
II tanning the system would be exteh
,t- ed two years, the period OF time co
20 templated in the original contrs
A. and should not begin on January
nc 1918. as the wording OF the contr'
,st might require.
The courts conclusions follow;
a. have determined that judgme
ro shall be entered In favor OF the
ox- fendant. and that the position ure
ler by the plaintiff as to the legal CT
,,s ,tructions to be given to the contr
ee- in question are not we'll founded
his 1t is, In short. urged by PLAIN
Oh that the defendant company
are charge no maintenance for the de
ra orv Of water to the plaintiff for
inc wear 1912, and can charge but
ost an acre during the year 1913. Pis
NOT tif arrives at this conclusion oy
,he ,ns under the contract there is to
ton one year free delivery Of water
contract holder under the Salr
Lincoln County times. (Jerome, Idaho) 1911-1919, 1914-07-23
Very Shabbily Treated.

The Jerome base ball team, in re-
sponse to urgent requests, very cour-
teously consented to play a return
game with the Kimberly nine, and
went to that place last Sunday for
this purpose. The game was a very
interesting one throughout, and very
little discord was aroused, the game
resulting in a score of to 2 in favor
of Jerome.
Manager Phillips had a new pitch
er to work out in this game in the
person of Mr.. Lewis, of Weiser, and
his work proved very satisfactory. In
fact all of the boys were at their
best and put up a good game.
At the time the Kimberly boys
played here, their expenses were
borne by the home club, and the
same overtures were made to our
boys in consideration of their play
ing a return game. Imagine our
managers surprise when, at the
close of the game he was offered
small pittance toward the expenses
of the team. OF course it was most
Indignantly refused on the part OF
Manager Phillips, who was not slow
in telling those would-be sports down
there what he thought OF them.
This is about the smallest act that
has been committed by any club in
this section, and should stamp the
Kimberly club as unworthy Of any
respect among the clubs throughout
this section. Differences have arisen
in some games over the decisions of
the umpires, ETC., but the Kimberly
nine are the first to attempt to shirk
their financial obligations. and their
attitude toward our team should be
a warning to other clubs to insist
F, on their expenses being paid In ad
vance before they will consent te
= Iplay a game.
The following is the line up of the
Lincoln County times. (Jerome, Idaho) 1911-1919, 1914-07-23

River Canal Co.'S system. / am quite
unable to read such provision into
the contract and cannot hold that the
language of the contract can bear
such construction. Water was de-
livered during the year 1911 at GER
tain intervals and the plaintiff receiv
ed the use OF the water during said
intervals The Canal Co., however,
make no maintenance charge for the
delivery OF water during the year
1911, but do seek to collect the 35c
per acre authorized by the contract
for the year 1912, and during which
year the plaintiff urges there should
be no charge because he is entitled to
one years delivery Of water free, and
that inasmuch as the year 1911 had
not been a satisfactory delivery OF
water, he therefore. is entitled to de-
livery OF water during the year 1912
free. To my mind the contracts
speak in plain language to the con-
trary and cannot possibly bear such
construction. 1t is again urged that
the charge of 40c per acre which the
defendant company seeks to make
for the delivery of water during the
year 1913 Is without the contract
and not authorized by the same. AS
| read the contract. its language con
tradicts such holding, either by In
ference or by direction. 1t may be
urged that the position taken by the
plaintiff and the construction he de
sires placed upon the contract is thu
equitable position to take, but th'
difficulty is that the plaintiff by con
tract agreed to other and differen
things. Where parties have agree
by written contract as to the manne
In which certain transaction shall b
handled between them, the write
. contract must maintain, and in tn
absence Of fraud cannot be disturbe
- by the court. A court may believ
1t to be foolish contract and ur
wisely entered into, or contract
which the terms are harsh up~n on
party or the other, but If people sc
l. fit to enter voluntarily and witho'
; any fraud upon the part OF eith'
y party into such contracts, they mu
- be enforced by the courts, and II
;, patries even though they may lat
~ regret having entered into such co
tracts must nevertheless perform Il
same.
1t occurs to me that the plant
10 seeks to maintain his position by &
attempt to read into the contract e
e. provisions which are not there, al
which fair reasonable constructi
of the language of the contract C
e' not possibly be read into said &C
tract.
~ have given this matter my eai
- est and careful consideration a
~ have studied this cause with Sol
~ degree Of diligence. and am quite
y. the opinion that judgment should
entered In favor of the defends
company.
Lincoln County times. (Jerome, Idaho) 1911-1919, 1914-07-23

Struck out-By Thompson Z, by
Lewis 6; base on balls off Thompson
/, of Lewis 2.
Now that our club has been reor-
ganized, we may expect to see some
good games here from this on. On
Sunday next our home team will
again cross bats with the Shoshone
nine and as this will be the rubber
game we look for some good ball
playing. The game Sunday will be
called at p. IN. On the following
Sunday it is expected that Wendell
will cross bats with Jerome, and ar
rangements for several other games
are under way. We trust that our
lovers of this sport will show their
appreciation Of the efforts OF Man
ager Phillips to give them some in
teresting events along this line, by
a liberal attendance at these games.
Lincoln County times. (Jerome, Idaho) 1911-1919, 1914-07-23
THE LAND BOARD HEARING.

North Side settlers were given a |
hearing before the Land Board on |
last Friday upon a protest presented |
in the name of the Canal Users Asso- |
citation against the approval of the
extension agreement as presented by
the trustees of the bondholders.
Attorney Wilcox, of Wendell, who
drew up the protest, argued the same
before the board, after which gen.
eral discussion was INDUCED in by
settlers who were present. which dis
cussion clearly indicated to the board
that the protest as presented did not
in any manner represent the univer-
sal sentiment of the settlers on the
tract
Mr.. Shepherd, who represented the
bondholders, clearly defined his po-
sition before the board stating that
the application was the most liberal
he could obtain from the bondhold-
ers, and emphatically proclaiming
that he could not possibly modify 1t
in any way. He was followed by At
torney Johnson, who presented the
!. legal aspect of the proposition, con-
tending that 1t needed no approval by
the board, from the fact that 1t was
simply an agreement between the
parties at interest for an extension
OF time on their payments, and was
not made compulsory on any settler
This hearing was prolonged wei
into the night, when the board an
nounced that the matter would b.
taken under advisement and a de
:. cision rendered within few days.
- Here again has the editor of tn
= Times been criticised for the attitud
'e assumed in this matter. We hav
- realized from the first that the repre-
sentative of the bondholders occupie
the position Of any other none
20 lender and was in the position t
dictate upon what terms these exter
!" sions should be granted. After a
ie arguments had been exhausted in a
- attempt to obtain more liberal col
VI cessions, and the announcement ha
gone forth that a refusal on the pa
OF the settlers to accept the propos
ne ton meant a receivership for Il
e' tract, we reluctantly accepted the 81
" uation and in the interest of harmon
ne and for the welfare of the tract ha'
advocated the acceptance of the pr
III hx. hot fol- fhaf fhl
ne were unable to perform under &
-" old contract.
no In coming to this decision we ha
on taken into consideration the ma
q" beneficial results which are bound
-" follow its acceptance. First Of
would be the upbuilding and develc
ment of the tract, as under the m'
'"u liberal terms offered, people could
induced to come and purchase
vi land, and those who find themsel'
oe possessed of more land than they c
ant handle would be able to dispose
some Of 1t. We are sure that all v
admit that this is impossible un'
present conditions. Another feat
tt,a of the extension agreement is the I
A.. that under it a large percentage
the land now on the tract in s.
Guy brush, affording breeding place
rid the rabbits that have become m
ace to the tract, must be put un
ero- cultivation.
Iars But the most important feature
i'm ali is the fact that under the J
t of agreement we will see the sys
arly completed as contemplated by
state contract. as the new man'
cas- ment stands ready to put up {
rem guarantee for this work just as $
as the state, through its engine
Lincoln County times. (Jerome, Idaho) 1911-1919, 1914-07-23

40 acres A No. 1 land, four miles
out. Only 5000 for equity.-Barnett
Stillwell.
The Prescott daily news. (Prescott, Ark.) 1907-1941, 1914-01-06

The Wednesday Musicale will meet
tomorrow afternoon with Miss Hazel
Hamilton.
Perry F. Chappell came down from
Little Rock this morning for a short
stay with friends.
Deputy Sheriff H. D. Holloway re-
turned this morning from a business
trip to Little Rock. 's9dt1oT
c. c. Calhoun is spending today la
Gurdon on business for the Prescott
Hardware Company.
LOst-Red Knitted Muff on streets
of Prescott. Finder will please re-
turn to this office and receive reward.
The Prescott daily news. (Prescott, Ark.) 1907-1941, 1914-01-06
STUDENT WAS Too PREVIOUS
Intended Joke on Professor Game 6acl
With Rebound That Must
Have Been Felt.

A good story is told al the expense
Of an undergraduate at certain uni
versity He was attending the chemi
cal lectures of distinguished, If not
popular. professor, who had announc
ed for his next lecture some expert
ments with laughing-gas. The stu
dent, who knew that persons under
the 'infiuence of laughing-gas were no.
responsible for their words or actions
saw an opportunity of telling the pro
fessor some home truths with i'm
punity.
On the afternoon of the lecture tht
professor called for volunteer for the
experiments to be made, and our un
dergraduate promptly came to his as
sistance, to the amusement of the
class which had been taken into his
confidence
The bag containing the hilarious gas
was duly affixed to the students
mouth. and he commenced to inhale
vigorously. The effect was magical
The student began to abuse the pro
fessor in terms which are unknown in
polite circles
The professor lent patient ear te
this testimony to his character, anG
then, turning to the class, said. with
the suspicion of twinkle In his eye:
You see, gentlemen, how powerful
this gas is, when even the anticipation
Of 1t produces such effects. l will now
proceed to turn on the gas"
The Prescott daily news. (Prescott, Ark.) 1907-1941, 1914-01-06
Fortune In q Coin,

Somewhere in the world there is q
fortune in coin. Among the coins
Napoleon had minted were some mil
lions OF five-frano pieces, and he de
termined to popularize these in an ex
traordinary way. In one of the coins
folded to a tiny size, was enclosed q
note signed by Napoleon, and promis
ing the sum of 100000 francs-aboui
e200,000-to the finder of that partic
ular coin.
Naturally, everybody who changed
a large piece demanded the new five
franc coins in exchange, and as a rule
probed and dug and sounded the metal
in eager search for the hidden note.
But the years went on and yet the
note did not appear. Napoleon's
plighted word is sacred trust to the
French nation, and today the govern
ment stands ready to pay the debt,
which, with interest, is now worth
6 LAYS, 000-upon demand
The Prescott daily news. (Prescott, Ark.) 1907-1941, 1914-01-06
Where Your Trade is Appreciated

Attorney J. o. A. Bush is out at
Toxic, on the Prescott & Northwest
ern railroad, today attending to legal
affairs
Mrs. Sid Cole and Children left this
morning for Gurdon where they go to
spend a visit with relatives and
friends.
Hon. j. 0. A. Bush will deliver an
address on Laymen's Missions at the
First Methodist Church in this city
next Thursday night.
Lawrence White, who has been in
Prescott the past few days visiting
relatives and friends, left this morn
ing for his home in Fort Worth, Tex.
The band boys will meet at the
Scott Hall tonight for their regular
weekly instruction from Prof. Blake
and all members are requested to
there promptly at the regular meet
ing hour
There is an ordinance against rid
ing on the side walks of the city and
considerable complaint has been made
about its violation. Beginning tomor-
row January 7th, l will arrest all
parties who ride on the walks. This
means everyone and if you do not
want to pay the penalty, better ride
in the streets.-Jno. Stubblefield, City
Marshall. Advt.
The Prescott daily news. (Prescott, Ark.) 1907-1941, 1914-01-06
NOTICE TO SUBSCRIBERS

The first semi-annual payment of
subscriptions for the Prescott Agricul-
tural High School for the year 1914
are now due and badly needed to
meet matured interest coupons. A dis
count of ten per cent will be allowed
on all January 1914 subscriptions paid
by the 10th of this month. Mail or
hand your remittance to secretary of
School Board who will receipt for
them. No discount allowed on past
due payments.
M. w. Greeson, Pres,
Alex Vaughan, Secretary.
The Prescott daily news. (Prescott, Ark.) 1907-1941, 1914-01-06

1914 weather certainly has been
fine up to now.
II. ID. Phillips, of Rosston, was at
tending to business affairs in the city
today.
Dr.-J. l.. Bell, of Bolton, was in the
city today seeing after matters of
business.
For Rent-Residence between Cos
sett and Barham place.-W. A. Hat
ley.
The Prescott daily news. (Prescott, Ark.) 1907-1941, 1914-01-06
All Farmers

All Farmers
Adjutant to Prescott are asked to
meet with the business men of Pres
colt at the Court House Friday Morn
ing January 9th at ten o'clock. 1t
is desired to plan for 1914, and to
discuss not only production but bet
ter marketing methods. Be on hand
1t will pay you.
J. w. Gordon.
The Prescott daily news. (Prescott, Ark.) 1907-1941, 1914-01-06
Local News

Bob Moore, Jr., is upat Little Rock
today attending to business.
Get your advertisement in for the
new telephone directory at once.
Born-Yesterday to Mr.. and Mrs.
Lee Cox, route number four, Prescott,
a boy
Weather-Fair Tuesday, warmer
west portion. Wednesday partly
cloudy, warmer, east portion.
County Judge J. M. Thomas is
spending today in Little Rock at
tending to business matters.
Misses Piles Stone and Hazel and
Mildred Scott of this city attended the
Elk's Ball at Hope last evening.
Still cutting hair and shaving at
the West Side Barber Shop.-you
are next.-Cragan & Cummins.
Advt.
Cecil Gee left yesterday afternoon
for Arkadelphia where he is attend
ing the Henderson-Brown College.
A. E. Adams, one of our substantial
citizens, of Bluff City, is in Prescott
today looking after business matters.
For Rent-Neat Residence on West
Front Street. Gas electric lights and
sewer connection.-A. M. Westmore-
| land Advt.
The city council met in regular ses-
sion at the City HAIL last evening
and attended to the regular routine of
business.
Coming soon Breaking into Big
League" a baseball story in motion
pictures featuring Christie Matthew
son and McGraw-Gem theatre
watch for date. Advt.
Miss Edna Boehmer, who has been
the guest of Miss Ruth Helbig at her
home in Prescott for the past week
returned to her home in ST. Louis yes
terday afternoon
l.. B. Segler, of Emmett, was in the
city yesterday afternoon. Mr.. Seq
Ter is candidate for representative
and his announcement will appear in
these columns tomorrow.
Within the next two weeks county
politics will begin to boil. Several
have already announced for the diff
ferent Offices and more will make their
appeal to the dear people" next week.
Postmaster Grayson desires to in
form the public that he has a number
of packages of seed sent out by the
government in the postoffice here I'M
called for and anyone desiring to Sc
cure some of these may do so by call
ing and asking for them.
Mrs Arthur, of Marinette, Wiscon-
sin, is in the city spending visit She
is the mother of Miss Marceula Ar
thur, domestic science teacher in the
Prescott Agricultural High School,
and is a guest at the home of Mrs.
H. b. Mckenzie.
Remember the big feature show at
the Gem tomorrow night. Breaking
Into the Big League" featuring Man
ager McGraw and Christi Matthew
son. 1t is an up-to-now base ball
story told in Motion pictures. 1t is
a good picture-one that tells you
more about baseball than you could
learn in a whole season. BE sure you
see it, Advt.
A dollar slipped in our hand by our
| IL
The Prescott daily news. (Prescott, Ark.) 1907-1941, 1914-01-06

To our PatrOns:-
Beginning at once we will open at
$3.50 A. M. and close at p. M.
......,.,. Nevada County Bank.
Citizens Banak.
Bank of Prescott.
The Prescott daily news. (Prescott, Ark.) 1907-1941, 1914-01-06
$4,000 REWARD

We will pay reward of $4,000
for the arrest and conviction of the
party or parties who burglarized our
store Tuesday morning, December
%.
Emmett Mercantile Company,
j. M. Garland, Manager.
The Prescott daily news. (Prescott, Ark.) 1907-1941, 1914-01-06
GO TO RILEY'S PURE FOOD
AND NOTION STORE

Get 2 nest eggs for 5 cents.
IL for % cents.
30 moth balls for ) cents.
Get lots of fresh eggs and have
lots of healthy chickens
The Prescott daily news. (Prescott, Ark.) 1907-1941, 1914-01-06
TIME CARD

IIME CAKD
Prescott & Northwestern
Train No. 5 leave Prescott. $3.50 am.
Arrive Norvell. .12:47 pm.
Train No. leave Norvell. lis pm.
Arrive Prescott. .4:25 pm.
The Prescott daily news. (Prescott, Ark.) 1907-1941, 1914-01-06

A dollar slipped in our hand by our
delinquent subscribers, this week, will
be greatly appreciated.
The Anderson daily intelligencer. [volume] (Anderson, S.C.) 1914-1915, 1914-07-05
The Monroe Doctrine

We hear 50 much Of the Monroe
doctrine" that We are constrained TO
think % ii as some kind OF ir0n-c
international law. But il Is not Its
validity depends merely upon the abil-
iiy of the United States 10 enforce II
by bluff. strategy or otherwise. II il
Il kind Uf unwritcn law OF the code OF
nations
This dOrtrinc or theory was pro-
nomnr"d bv President james Monroe
in 1879. Tn" reaction in favor Of
Inonar, hcnl government which fol
lowed the fall of Napoleon had among
lis consequences the proposal Of Spain
to regain her South American colon
les which had won their Independence
Russia also hogan To extend her claims
un Inc Pacific coast. 1t was with ref
rnc, 10 such tendencies that President
Munrm included in his message Of
lS23 his statement OF the policy of the
United States toward foreign powers
attempting Ito extend their system to
his portion Of the hemisrhcrc
This doctrine was III ratified by
congress. and its validii. depends. as
"" said above. moi upon international
law but upon our own backbone and
nerve.
Mr.. Monroe was captain in Wash
ingion's army. studied law under Mr.
Jefferson and. at the time that he pro-
mulgatcd his message. he had as his
secretary OF war. John c. Calhoun
Association with such men as those
named must have given Mr. Monroe
Il broad perspective Of life. His clec-
tiOn To the presidency was due to his
having been secretary Of war to I'rcsi-
ident Madison during the trying per-
iod Of the war OF 1872 We doubt moi
that his famous pronuvciamcnlo
might equally ns well he styled "the
Calhoun doctrine" for Mr.. Calhoun
wne the secretary of war when this
somewhat bellicosc IL not bcligerent
message was gent to congress.
MIR. Monroe acquired the Florida
territory from Spain and recognized
the independence OF Mexico and the
South American republics and engin-
ecrcd the Missouri compromise. hut II
is upon Ills famed Monroe doctrine
that his greatness will rest. In this
he declared the American policy of
The Anderson daily intelligencer. [volume] (Anderson, S.C.) 1914-1915, 1914-07-05
Despotisna VIII Always End

Democracy is no oligarchy. A mon
archy may become ignOble but an oil
garchy may be equally as mischievous
In the opposite direction. An abso-
lutte democracy Ia republic. but n
corrupt democracy is no more OF a
legitimate form OF government than a
degenerate monarchy. The latter is
II tyranny. while an oligarchy is des-
potic In the expressions Of the ma
joFiiy upon tile minority.
Aristotle observes that the 0ppres-
sion Of the majority Is as cruel as the
wickedness Of monarchy. THE
ethical character is the same" he says.
Both exercise despotism over the bet
ter class OF citizens. The demagogue
and the court favorite are not infre-
quently the same identical men. and
always bear u close analogy; and
these have the principal powers, each
In their respective forms OF govern
ment. favorites with the absolute mon
arch and demagogucs with people
such as have described"
Monarchy admits OF republican
forms being engrafted upon II more
reudily than republics assume any
helpful features Of monarchy, and a
monarchy may POSSESS many things
10 recommend 1t. though the whole be
undesirable.
No form Of government should he
accepted or rejected or reprobatcd up
on its abstract principles. alone. Sit
uations will arise to make n democracy
necessary and sometimes desirable.
The reign OF Nero was despotsc and