davidaulloa/AmericanStories huggingface dataset:
BoletiÌn mercantil de Puerto Rico. (San Juan, P.R.) 18??-1918, 1914-03-25

sc ulLO. 81 Qc Ids III uCDdo ANouA'""''
rue ell rec0nocimiento no habia sldo en-
lorma Iehaciente, cabria entonces decl-
lir. como decidiremos nosotros, 81 el re-
:onocimiento hecho en- otra forma era
5 40 nastante para servr de tunda-
mento 4 la demanda interpuesta.
Teniendo en- cuenta por otra parte
Iue no Sc ha ejercitado la accion de
ceconocimiento, pues este se~da por su-
9uesto, sino la de nulidad de institu
ion de heredero de Federico Calaf,
lasada precisamente en- aquel reconoci-
niento, opinamos que Ia allegation de
ecconocimiento en- la forma en- que ha'
5ido hccha es bastante a los fines pre-
tendidos. SIN perjuicio del resultado del
las pruebas que Sc practicaran en- ell
iuicio, sobre la forma en- que Sc verifi
co dicho acto ST la acci6n eiercitada
hubiera sido la de reconocimiento, aca- !
so opinaramos de distinto modo.
Nj ha sido ambigua, ininteligible, y
dudosa Ia demanda en- la parte relatiya
al reconocimiento, pues, como hemos
licho antes, ell sentido usual y corrien-
-e de Ia allegation Ell que sc consigna
dicho rcconocimiento muestra que Don
Juan Calaf fuG reconocido por Saliva
lOr Calaf como su hijo natural por mo-
TO auttntico en- los dias en- que recibi6
los Sacamentos del Bautismo y de la
Confirmation, habiendo sido tenido y
considerable como hijo natural recono-
edo por su padre Salvador Calaf.
Ecrdaderamente que ese ultimo con
cepto abundaba 81 el reconocimiento de
Juan Ramon Calaf fu6 hecho de modo
|pdblico y solemne, pero esa redundant
cia nunca conducirfa la conclusion de
que el reconocimicnto Sc hizo EN- otra
forma, nj menos la de que la alega-
oi6n de reconocimiento es ambigua
Iinintcheible Y dudosa.
Tampoco ha prescrito la acci6n eyer
eitada, pues, esa acci6n es "a de null
dad y los preceptos legales que sc in
.vocan para sostener la exception sc re-
ieren a la prescription de la acci6n de
.iliacion Y reconocimiento que los de
mandantes alegan y repiten no haber
sid0 cjercitada en- la demanda, sin que
nosotros podamos variar los t6rminos
en- que el debate judicial ha sido plan
tcado.
Estimamos, pues, arreglada a dere-
cho la 6rden que dict6 la Corte de Dis
trito de Arecibo en- IA de Enero de
1909, desestimando todas las excepcio-
mes previas propuestas. Y pasamos
eXamiuar las siguientes cuestiones le-
gales propuestas por la parte apelante
en su alegato.
1a.-Que no ha debido admitirse otra
.pruebA del reconocimiento de Juan Ra-
BoletiÌn mercantil de Puerto Rico. (San Juan, P.R.) 18??-1918, 1914-03-25
Ell PLEITO DE CALAF
En- el Tribunal Supreme de Puerto Rico

La ORA exception de que la demanda
no contiene hechos sufcientes para de
terminar una causa de acci0n sc fun
Ga en- que no contiene allegation de re
conocuniento por Salvador CaIaf a ia
rO1 al padre de los demandantes, re
.uls,lo esencial para Ia eXistencia dc
"a dcclon ejercitada, y Sc alega como
razouea de esa ahrmaci6n que el apar-
,4uo IL Id demauJa relative al recon0-
cA4ICuto no cS Ia exposition de un he
,uJ, sllo una conclusion legal, que ell
&. la.so supuosto de que fucra un hecho
NJ estaria debidamentc alegado, y que
eI r2ooAocimiento, 81 cXisti0, debi6 ser
anot@dH en- 81 Registro Civil y tai ms
cripcilG debi6 alegarsc en- la dcmanda.
Hemos leido con detenim;ento el
aparlado de la demanda relative al re-
conocimiento cuyo apartado dejamos
tt&Ascnto con ell nUmero so. al consig-
g.. os hechOS fundamentals de la de-
.HaLda, opinamos que el reconoci-
A4ento alegado es bastante para cons
..luir con los dennis hecLos eXpuest0s
III ia lemanda la causa de acci6n eier-
citada. Esa acci0n cs la de nuidad de
institution de hercdcro 4 favor del de-
nHndado por Eaber sido preterido3 los
"elnandantes nietos naturales de Saliva
dor Calaf y padre este dc su causante
fuan Ramon Calaf, y la allegation De
Iue Salvador Calaf reconoci6 como su
hijo natural Juan Ramon Calaf Mar
,lnaz On los dias en- que recibi6 los Sa-
aramcntos del Bautismo de la ConGr
maci6n habiGndolo tenido considera-
DO durante toda su vida como tai hiiC
natural. muestra que Juan Ramon Ca
laf es hij0 natural reconocido de Saliva
u1r Lalaf Sierra, cuyo reconocimiento
ayendIaos los terminus en- que esta re
uuc,au& ia allegation, debe presumirst
u~uuo cn forma fehaciente pues segu1
.-nguaJe usual y corriente, hijo natural
teconocido es ell que 10 ha sido en- Ia
iorna 'adicada. En- la misma tpoca en-
que Ste hizo ell reconocimient0 8 sean
los dias en- que fueron administrators
Juan Ramon CaIaf el bautismo y Ia
confirmation, parecen indicar que el re
con0clmiento Sc hizo en- aIguno de es0s
actos, que Sc hizo conStar en- forma
IcDacieute debida en- los documentos
que entonces sc eXtendian para acredi-
tar la administration de esos Sacramen-
tos, al menos, el del bautismo
De todos modos, aunque la forma del
reconoclmiento no Sc haya consignado
eXpresamente en- la allegation de que sc
trata, los t6rminos en- que aparece re
dactada no excluyen ell reconocimiento
en- forma fehaciente y las pruebas que
en su dia Sc practicaran en- ell iuicio
vendrian demostrar la forma en- cue
The day book. [volume] (Chicago, Ill.) 1911-1917, 1914-11-03
PLAN MUSIC LECTURES.

A series of lectures Of interest to
music lovers have been arranged by
the Mclean School, 624 S. Michigan
blvd.J to be, given by DR.. Rudolph B.
Won Liebich, pianist and composer.
The lectures will begin Nov. 5 and
continue on each Thursday evening
until Feb. II
The day book. [volume] (Chicago, Ill.) 1911-1917, 1914-11-03

day. No one knew it until it was
gone. Guarded by 80 American E2-
press messengers from Denver to
New York.
More cats wanted for field duty in
county recorders office. Army Of
rats have captured records.
Police investigating death of Mrs.
Otto Waitzmann, wife of Board Of
Trade operator, 817 Lafayette pwky.
Found dead from gas.
The day book. [volume] (Chicago, Ill.) 1911-1917, 1914-11-03

428 N. Oakley av Revived by pull
motors. Thought to be charcoal
fumes.
J. w. Coghill, wife and 5 men and
women discharged by Judge. AL
legged to have been inmates of dis
orderly house. Insufficient evidence.
coroner's jury investigating death
OF Robert Seitz, Jr., 1, shot and killed
by Howard Cummings, 17-year-old
uncle of baby, at 1903 Langley av., re-
turned verdict of accidental death.
John Monicocha, 5637 Grand aV.,
carsmith, killed when Chicago, Mil
waukee & St. Paul box car collapsed
in GaleWood yards.
DR.. A. c. Gregg, physician of,Penn-
sylvania, died of heart disease in En-
glewood Hospital.
Daniel Sinokrat, 8o44 The Strand,
arrested for assault with deadly
weapon. Broke violin over wife's
head. Fined $780,
Preliminary hearing of Mann act
charges against Alva M. Johnson,
charged with transporting his ste
nographer from state to state and
marrying her within year of di-
vorce, continued until Saturday.
Nov. 16 date set by Judge Lands
for hearing of governments suit
against Sanitary District.
Thomas Zdrodowsky, 369 Ayers
av, and family pinched for dancing
by landlord, who said he tired of pay
ing platering bills. Judge ordered
dancing stopped.
Dan Peterson, II, suicide with poi
son in rooming house at 1852 N. AL
bany av. over quarrel with girl. Lat
ter unknown.
Michael TuIkeWicz, 3428 S. Hal
sted, held to grand jury by coroner's
jury on charge of manslaughter
Threw 2-months' old daughter to |
floor and killed her.
Donate Anestasia, 5516 S. State,
4 Al
The day book. [volume] (Chicago, Ill.) 1911-1917, 1914-11-03
MODEL HUBBY IN BAD-LOVING'
WIFE SAVES HIM.

Mrs. Raymond Ebersoll, Chicago
girl, went to. Milwaukee and saved
her model husband" from prison
today
Ebersoll, who was left an estate in
trust by his father, local cigar man
ufacturer, confessed the theft of
SIPS from Arthur L. Martin of Mil
waukee. He also admitted, the po-
lice say, that he came to Chicago
with two girls, where they "cabar-
eted" on part of the money.
Judge Backus of the Municipal
Court was to sentence Eberson to-
day. Mrs. Ebersol arrived in court
a few minutes before her husband
was arraigned. She pleaded for
Ebersolrs liberty, offering to sell her
jewelry in order to reimburse Mar
tin. -
We've been married less than a
year and during that time Raymond
has been a model husband" said
Mrs. Eberson. HE was constantly
bringing me presents of candy, fruits
and flowers and things. He never
stayed out nights and gave me his
earnings regularly" ;
Eberson was placed on probation
for three years.
PLAN MUSIC LECTURES.
Evening journal., 1914-05-13
new Americans finish
their SCHOOL COURSE

Preparations are completed for the
closing exercises of the Citizens
School for New Americans, to be held
In General Pulaski Hall, Second and
Justison streets, tomorrow night, and
every indication points to very sue
cessful affair. The exercises viii be
free and the public is invited An
address viii be delivered by Judge
Gray, who win present certificates OF
attainment to two young men who
have completed the three-year course
in English. An interesting feature of
the evening viii be the singing Of
the national hymns by the five ma
tionalities represented in the student
body of the school,
The kindergarten, under the care
of Miss Elizabeth Gawthrop, will have
an interesting part on the program.
A telegram was received from Hon.
NJ. Clyde Kelly that ne could not be
present, but his place will be taken
BY Or. George Edward Reed, who will
deliver an address on the subject.
Opportunities and Qualities That
VIM some of the results Of his OBJ
servations during the . years. presi-
dency OF Dickinson College.
a number of the school students
went 10 Philadelphia on the 73O
o'clock boat this morning to spend
the day ia the study Of objects Of pa
trlotle interest IN that city.
Evening journal., 1914-05-13
MRS. ENOCH MOOR, JR.
dead after LONG ILLNESS

Following an illness Of several
years, Mrs. Enoch Moore, Jr., of No.
HOO Madison street died at her home.
at $50 o'clock last night. The death
Of Mrs. Moore was a great shock to
her many friends in this city. Mrs.
Moore underwent an operation at the
Delaware hospital two weeks ago and
had about recovered when complica-
tions set in which caused her death.
Mrs, Moore, who was 3S years old
was daughter of the late Isaac ii.
Frank, who conducted a wholesale
grocery warehouse here years ago.
Mrs. Moore had been married is years
and with her husband she is survived
by two children, a son and daughter.
Mrs. Moore was a member of Grace
M. Il. Church and before her health
failed she was well known in musical
circles.
Mrs. Moore was a member Of the
Junior Board of the Homeopathic
Hospital and was interested in that
Institution until her recent illness
The funeral will take place on Fri
day afternoon from her late home,
with interment in Wilmington and
Brandywine cemetery. The services
will be in charge Of the Rev. George
Edward Reed
Evening journal., 1914-05-13
NAC|bb THE NEW
CITY FIRE Chief
Combine Companies as Ex-
pected Put Through Their
Entire Slate
OFFICERS TAKE CHARGE
ON NEXT MONDAY

Patrick Magill. of the Weecaco Fire
Company is the new chief Of the
Wilmington Fire Department, sue
ceeding +. Morton Ainscow, who has
held the Office for the past two years.
Mr. Magill, who was the combines
candidate for the office, was elected
to the Office at the biennial election
OF the department last night. The
election was expected, however, IS it
IS a recognized fact that the candi-
date who is nominated by the com
bine" is practically elected, The
combine consisting of eight Of the
twelve companies in the city, and
therefore having the controlling vote.
Mr. Magill received the eight votes Of
the combine"
The vote was received at the Wee
caeoe engine house, William NJ. Con-
nelly introducing the new officials.
The officials will go into office on
next Monday night At the meeting
OF Council tomorrow night the vote
VIII be received and formal an
nouncement made Of the selection.
Ihe nominations for the position OF
chief were made by the Weccaeoe Com
pany, whose turn it was to elect a
chef some time, ago, at which time a
yWrlted contest was waged between
Mr. Magill and First Assistant Engi-
neer, William J. Bayley, whose term
expires At the end Of May. the former
winning by close vote of 81 to "a.
The total vote cast by the eight COM
bine companies for the new officers was
243, divided as follows: Friendship, 10;
Phoenix, ls; Fame, %; Washington, 43
Weccacoe, 80; Liberty, p; Brandywinc
lS; Union, %.
The position OF chief of the city fire
department pays 5000 year salary.
with an additional $500 for the upkeep
of the chiefs auto The other com
bine" candidates slated with Mr.. Ma
gill were also victorious, they being An.
drew p. Lohner Of the Friendship Com
pany as first assistant, and Edel Ma.
loney of the Phoenix Company jas second
assistant.
The "anti-combine9 candidate for the
position Of Chief was Richard Hahn OF
the Independence Company, and Patrick
J. Black of the Water Witch for first
assistant engineer. and John j. Gormley
OF the Reliance for second assistant.
The companies in the combine" are;
Friendship, Phoenix, Fame, Washing
ton, Weccacoe, Liberty and Union The
santi-eombine' companies are Water
Witch, Reliance, Delaware and Indc-
pendence.
Evening journal., 1914-05-13
new STYLE COLLAR
FOR The CITY COPS

Wilmington police officers will be
directed to wear a stand up collar of
linen, which viii show at least one
fourth of an inch above the collar of
their coat. Orders that this style be
followed We're issued yesterday by the
Police Commissioners. Chief Black
was instructed to issue an order to
this effect.
The new form Of collar is intended
TO. fit the new style uniform coat,
which will be issued next Sunday.
The new coats will be much cooler
than the heavy ones worn during the
summer months in past years.
The bin of John b. Taylor, the cffi-
cheney expert, which was received
last Saturday. was again brought to
the attention OF the Commissioners
yesterday The Board took no action
IN the matter, but sent it to City
Council
Commissioner Wickersham said
there was still some information to be
secured from Mr. Taylor relative to
the cost of equipping the department
as was recommended.
Chief of Police George Black was
instructed by the Board to make A
study Of the map of the city districts
as compiled by Mr.. Taylor who saws
the plan he proposes is feasible with
the present equipment. II is the de-
sire OF the Commissioners that Chief
Black give them his opinion as 10 the
Feasibility of the plan.
Evening journal., 1914-05-13
JURY SAYS POOR
TRACK Caused Wreck
This the Verdict in Cor
oner'S Probe of w. R.
Irelan'S Death
MR.. MINKER INQUEST
TO BE HELD LATER

Coroner Spring last night held an
inquest in the case of William r. Ire
Ian, the r., b. a w. r. r. fireman who
was killed in the wreck on the Angus
tine branch of the p. Il, r at Van
Buren street two weeks ago. the jury
finding that Mr. lrelans death was
due to the inferior condition OF the
roadbed. The verdict follows.
William +. Irelan came to his
death east of Van Buren, street cross
ing on the Brandywine siding. April
~, 1914, and from the evidence and
the examination OF the track the jury
agrees that the accident occurred be-
cause Of the inferior condition Of the
roadbed"
The jury included Otto Miller. fore
man; II. ID. Bowers, secretary; c. IL.
Smith, S. G. Allen, NJ. d. Hamilton,
Il d. Staats and Harry Lapsley.
Although Joseph S. Minker. flag
man on the same tram died of a
broken back, following the same
wreck, the jury did not consider the
case. This inquest will be held later.
The witnesses heard last night are
the same that will be called IN the
Mlnker case. At the inquest last
night City Solicitor Daniel o. Hast
ings, who represented Mrs. Irelan.
was present.
Paul S. Gregg, of No 512 West
TWenty-second street, the engineer OF
the wrecked train, testified that they
had passed the crossing at the north
end OF the Van Buren, street bridge at
the rate OF six or eight miles an hour.
Before reaching the crossing. how
ever, he had looked ahead on both
sides OF the track, but could see no
one in sight. He had been running
down hill with the engine throttle
closed, but at the crossing he said he
opened the throttle.
Gregg said there was no speed
limit on that branch. He admitted
that drivers are supposed to stop
trains at the Van Buren, street cross
ing and that the ilagman is supposed
to go ahead, but this was not done
on the day of the wreck.
He would not admit that there was
anything wrong with the road bed.
james Nj. Bradford, Of No. 2404 Car
ter street, conductor Of the train, gave
the first definite information as to Just
how Mr. Alinker was fatally hurt. lie
and Minker were riding on the front
of the engine, and when il was derailed
Mr. Minker was thrown in front OF the
engine. He said the step in front hit
him in the back This. it is thought,
is the blow which fractured his spine
Nh Minker was crushed under the step
and would have been crushed to death
under the cylinder OF the engine, but
Mr. Bradford jumped Off, caught hold Of
him and dragged him out before the en-
gine rolled over
Mr. Bradford said he considered the
track safe. n
Ernest McCabe. Of No. 100 West
Twenty fourth street, and II. q Brin-
ton. Of No. 2507 Washington street,
brakemen on the train, practically cor
roborated the other witnesses. Neither
of them could venture an opinion as to
what caused the wreck.
Evening journal., 1914-05-13
NO American PROTECTION
FOR TAMPICO OIL Wells
BY The United Press.

BY The United Press.
WASHINGTON, May 13.-The di-
rect charge that both the Federal
and Constitutionalist forces at Tam
pico have broken faith with this gov
ernment by damaging foreign oil pro-
perties WAS made to President VIII
son today An emphatic demand for
proper protection was also made.
A committee, headed by Richmond
Levering, of New York city, presented
resolutions approved by every
American company doing business in
Mexico. They declared that the
withdrawal of American warships
from the Panuco river had resulted
in an actual loss to American COM
panies of many million dollars.
The President told the oil men
that everything possible was being
done to compel the warning factions
to respect foreign property and he
said he hoped conditions would inn
prove shortly.
Hands off," is still this govern
ment's policy regarding Tampico,
according to Secretary of the Navy
Daniels. He said no American
forces will be landed there, under
the present policy, to protect oil pro-
perty.
Evening journal., 1914-05-13
TRUSTEE SELLS PROPERTY.

Property OF Adaline Jones, deceas-
ed, was sold at trustees sale at the
Court House yesterday afternoon by
Reuben Satterthwaite, Jr., trustee
The property No. 1919 Tatnall
street was sold to Jeremiah Sullivan
for 1880
Property No. sos East Tenth street
to e. p. Curlett for 1880.
Property No. 1900 Washington
street to William E. Hawkins for
s2505.
Property No. 1902 Washington
street to William K. Hawkins for
$2315.
Properties Nos. 11O9 and I'LL East
Twelfth street to James L. Bonner
for $1140
Property No. 1905 West street to
Joseph Hayes for S246O.
Auctioneer Harry J. Stidham con-
Quoted the sale.
Evening journal., 1914-05-13
MORNING NAP costs
COP Three Days PAY

Police Sergeant George W. Lyons
was suspended for three days by the
Police Commissioners at their meet
ing yesterday, en- a charge of Sleep
ing on duty. The charge was heard
by the Commission last week.
President Bowers said the other
charges. wilful disobedienee OF or
ders, leaving post without Just cause
and the like against the officer
would be dropped This was done
because it had been the custom OF
the sergeants to violate the rules by
sleeping in the City Court room after
their last reports in the morning.
President Bowers said the violations
started in an order issued years ago
when street sergeants were allowed
Is minutes from their districts to
make out their reports. This rule
had been ignored and the men re-
mained off their districts longer.
Mr. Bowers explained that the
board will take steps to eliminate in
the future everything in connection
with this case, and there viii be no
more coming off duty to make out re-
ports.
General Wickersham said the board
will place upon the three seniors Of
ticers Of the department. the chief of
police and the two captains, full re-
sponsibility for the enforcement and
observance of the order.
Chief of Police Black said it would
be we'll to inform the two captains
that they are in charge when he is
not there. He said If the captains
had kept him informed, the custom
referred to by Mr. Bowers would not
have grown and been abused the way
1t was. He said the cause of it was
the failure Of the captains to report
it, General Wickersham said they
simply wanted to fix the responsible
fty.
Evening journal., 1914-05-13
MORE GOODS COME
FROM FOREIGN PORTS,

According to the records of the To-
cal customs Office, the amount of
merchandise being received here from
foreign points is increasing. The
total number received during the fis-
cal year ending June 30 last was 400
but this record will be broken this
year. The number of imports re-
ceived here last month was forty
seven, with total valuation of $234,-
649. The duties collected here
amounted to sS,7S7.24.
Evening journal., 1914-05-13
.COUNCILMEN DISCUSS
next YEARS BUDGET

AZ the meeting Of the finance commit.
tee OF City Council last night to con
sider the budget Tor the fiscal year be-
ginning July !, a general discussion OF
the subject took place but nothing def.
mite was accomplished. The committee
viii hold several meetings on the sub
leet before May 2S, at which time the
budget will be passed The committee
viii fix the amount OF the annual ap.
preparations for each Of the city de-
partments, after which they viii iiS
the tax rate for next year.
Evening journal., 1914-05-13
BEAT WOMAN WHO IFFT NM

homas IruXton pleaded guilty in
City Court today to a charge Of assauIt
and battery on Rosie Williams. aIso
eoiored and was fined $40 and costs.
Rosie testified that on Saturday night
thomas struck her with his fist and
then threw lamp at her because she
refused to keep company with him any
longer.
Evening journal., 1914-05-13
ACCIDENTS OF A Day.

Thomas Cassidy, Of No. sos Madi-
son street, was treated at the Della
ware Hospital yesterday afternoon
for a burned hand. Cassidy was
burned when a box of matches ex-
ploded
Myer Gregg, of No. 517 East Fourth
street. was treated at the hospital for
injuries to his knee Gregg was in
iured at the Harlan and Hollings-
worth Corporation.
John Schushardt, of New Castle, a
blacksmith, was admitted to the hos
pltal suffering from injuries to both
hands.
Evening journal., 1914-05-13
READING TRIP FOR cEDARs.

Three hundred members Of Brandy
wine Forest, Tall Cedars Of Lebanon,
will go to Reading. Pa, tomorrow to
take part in the institution OF a forest
in that city. Special trains will be run
from all the nearby cities and a great
time is looked for by the Cedars. The
local party win include the patrol of the
organization and the famous band dress
ed in their unique Oriental costumes.
Evening journal., 1914-05-13
CAPTAIN MUTTON a GRADUATE.

Through a misunderstanding il was
stated IN these columns on Monday that
Commander John Louis Mccoy Mutton
of the battleship Montana. who is a
brother OF Mrs. John b. Hoffman Of
this city, enlisted in the navy when
sixteen years old. He is a graduate OF
the United States Military Academy at
Annapolis.
Evening journal., 1914-05-13
NAY ADvANcE sEAFoRp P. 0.

Postotiiee Inspector Plummer is con-
sidering the advisability Of urging the
Seaford postoiiice placed in the second
class. This will most likely be done
according to what Mr.. Phmmer had
learned today. Efforts are also being
made to have better quarters secured
for the Seaford office.
Evening journal., 1914-05-13
UNCLE SAM WANTS WORKER

Information was received here today
by officials Of the Civil Service Com
mission that the position Of gas pro-
ducer is vacant at the Washington. d.
G., Navy Yard. Applicants for the po-
siticn may make application. The po-
sition pays from Sl.90 to 1924 a day.
No educational test is necessary.
Evening journal., 1914-05-13
FINE HER For MIScONDUcT

Stella Gaines, colored, pleaded guilty
in City Court today to disorderly con
duct on the street. She and her
brother had trouble and Stella ased bad
language She was fined 81 and costs.