davidaulloa/AmericanStories huggingface dataset:
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1915-07-15
JOHN \. THOMPSON PASSES away
rather of Editor of Hjloer Herald Is
Called 6eyond--Ship
Body East.

The remains of the late John H
Thompson, father of A. r. Thompson
OF Hilger, were brought to Lewistown
Tuesday and started Wednesday
on their journey to Eagle Bend, MINI.
where interment will take place.
Mr.. Thompson was called by death
last Monday at about 10 D. M, at his
home in Hilger. He had been quite
seriously ill since last April suffer
ing from cancer OF the stomach.
The decedent was born in Ohio in
1S45, and was thus 20 years of age He
removed to Minnesota and there en-
gagged III the mercantile business for
about 30 years. He retired as mer
chant and came to Kendall Mont
joining his son, who was then super
intendent Of schools at Kendall. Later
his son became the publisher OF the
Hilger Herald, and other newspapers
in that section
Mrs. George Klein. daughter OF
the decdent, was with him for two
months past. Her home is at Sand
Point, Ida. Besides being survived
by these two children, he is survived
by his wife.
Cliff Hayes Of the Creel undertaking
establishment went to Kendall early
this morning and brought in the re-
mains, preparing them for shipment
east.
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1915-07-15

Judge Roy II. Ayers last evening an
nounced his decision IN an important
and interesting case that he has had
under advisement for some time this
being the action In which the city
seeks to collect an assessment from
the Milwaukee for paving In the
street, hi front OF the depot. abutting
upon the company's track across the
street The Milwaukee was assessed
on all It's frontage abntting on the
pavement, exactly as other property
and this Ii, of course, not objected to-
Az to tile assessment for paving abut
ting on the track running across the
street, the company contended that
this was Illegal. ns the company did
not own the ground. simply holding
an easement across the tliofoughlare
for its track
The question involved was present
ed to the court upon the railway com
pany's demurrer to the city's answer
The demurrer ~ sustained which dis
poses OF the case 80 far az this court
il concerned, although the city may
and probably viii carry II up to the
supreme court Following il the text
or the decision:
This case Is before the court on the
demurrer interposed by the plaintifl
to the defendants answer, which de
murrer is general Several points
have been raised, but the only ques
ton necessary for the court to con
slider Is whether or not the city OF
Lewistown has a right to levy an as
sessment upon the property in ques
tion, and the determination of that
question dspoaes Of the demurrer.
The city alleges that the plaintiff
railway companys right Of way across
Main street occupied as an easement
by the plaintiff, Is lot, piece or par
Gel OF land bordering or abutting upor
Main street, within the meaning o
Chapter 80, Thirteenth Session laws
OF Montana.
The court finds that the law of The
state declares that;
1.-THE terms, lot, lots. lands, piece
or parcel OF land, whenever mention
ed In this act, shall be deemed to IN
clude and shall include propert,
owned or controlled by any person
firm or corporation, AS railroad
street, or nterurban right Of way
etc"
The plaintiffs rights IN the lands
across Main street are such and onl,
such as are given and conferred upoi
II by law, namely, the right to con
/ struct and maintain Il railroad tract
across the street, and the right Il
operate ears and engines on sucl
track for the purpose OF carrying pas
sengers and freight.
/ The plaintiff does not own, nor doe
II control, the lands against which tn
assessment Is levied, on the con
trary, the land Is dedicated to an
owned by the City OF Lewistown. AM
Is controlled by the city under It's pc
J lice power, hence, II does not consti
tute either 'lot. lots. land, piece o
parcel of land" owned or controlled b,
the plaintiff. nor does 1t constitute al
interest in land, M that term Is ord
narily understood. However, SAT-
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1915-07-15
FRANKIE PRAISED As AN ORATOR
Portland Oregonian Has Kind Woros
for the Chautauqua Lecturer
From Montana.

The Portland Oregonian, in Its re
port OF Chantauuua last week. says,
ARTHUR A. Frankie, Il 27-year old
orator from the sagehrush of Montana
sripped the attention OF 5000 Chau
tauquans at Gladstone park In his mas
terly lecture, The Matchless Book,
this afternoon. The theme can bt
easily guessed but his handling of his
subject was not II sermon nor re
lisious address IN any sense OF the
word. II was Il careful analysis ol
the Bible from the standpoint of til.
student, and the young man from Mon
tana persuaded his hearers that ht
knew whereof he spoke.
"'Nou ask me. then whence came
this Book the speaker said In clos
ing. How comes ii that various writ
ers living In different lands and al
different times speak alike in flam
ing tongue on every page Of Holy
Writ, the same great central facts
of human life? And answer you Will
an inquiry. Tell me whence comes
the beauty of the flowers. the ecstas.
Of the birds song, the splendor o
the evening sky, and | viii tell yo,
the source OF Biblical inspirations Boil
issued from the same great heart o
God
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1915-07-15
THE CLENGARRY
RAILWAY CASE
STATE COMMISSION INSTRUCTS
THAT CUSTODIAN BE PLACED
AT THAT POINT.
MORE THAN THIS IS NOT JUSTIFIED

The Montana state railroad com
mission has issued its decision re-
sulting from the hearing held at Glen
garry, June IL, in answer to a petit
tiun rendered by the residents of the
vicinity. asking the Milwaukee place
an agent at that station. fna train
service, both passenger and freight
was considered as well as the amount
of freight shipped in and out, and the
mail business there Some of the tes-
timony OF the complainants was di
rected towards lack OF accommoda
tions for passengers taking trains at
night. S. l.. Lewis, who appeared as
spokesman for the Glengarry resi-
dents, testified that he frequently kept
his store open at night to keep pros
pective passengers warm. One of the
chief causes of complaint was the
failure OF the train crews to load less
than carload shipments and express
when left att he station platform
which often caused total losses.
While the commissioners do not fee
| justified in ordering the Milwaukee te
place an agent at Glengarry, the bust
| ness there not seeming to warrant it
| they have instructed the railroad tC
/ place a custodian in charge of the
/, station building there, whose duties
shall be to keep the waiting room
heated, lighted and clean, and who
shall collect inbound freight and store
it in the freight room until receiptet
for by the consignee. and also take
charge of outbound freight, and de
liver same to proper train crews fol
transportation.
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1915-07-15
AYRES DECIDES FOR
MIL LWAUKEE RAILROAD
Case Presented Close and Interesting Question
on Assessment for Paving Twill Probably
be Appealed
OTHER COURT NEWS Of THE WEEK

Chapter 50 further attempts to pro.
vide that:
Whenever II railroad, street or In
terurban right OF way shall front on.
or abnt, or parallel, or be included
within. or divide longitudinally. any
street improved under the provisions
OF this act, or shall be Included within
any district to be assessed for tho
cost OF any Improvement provided In
this act. such railroad right OF way,
twhether the same la owned In fee
or as an easement, shall be included
IN the assessment. and shall be as
sessed with the same effect az other
lots lands, or piece or parcels OF
land and such railroad.
street, or interurban right Of way
shall be subject to sale for non pay
ment OF assessments as IN this act
provided.
III this respect find the best con
sidered cases hold that a portion OF
railroad right Of way. such as the por-
tion IN this case, to wit, that portion
crossing Main street, and that portion
only, cun be sold to satisfy such an
assessment. and, on the other hand.
If we consider this to be lot, piece
or parcel OF land abutting on the Inn
proyement, we shall have to consider
that the land belongs to the city.
and II would be ridiculous to say that
the city could sell its own property
to satisfy a delinquent assessment
levied by itself. In such case the sale
would certainly be void, and would
confer no title on the purchaser.
The law or the state authorizes the
assessment to be levied against the
lands bordering or abutting upon the
street improved, and II the interests
or rights OF the plaintiff in the street
have any corporal or physical exist
ence, that must be represented by the
street itself, and q street cannot bor-
der or abut upon itself Bordering
or abutting property. within the mean
ing of the law authorizing special as
sessments on bordering or abutting
property for the payment of local im-
provements, must mean property
which Hes adjacent to and Is bounded
by the line of the street. the street
line and the property line being CO.
incident In modern law "abut" must
mean "to bound upon" and the right
OF way OF railroad company across
street can. In no proper sense OF the
term, be classed us property bordering
on or abutting on street 1t ls
merely the right Of occupancy OF q
portion Of the street. subject to the
reasonable supervision OF the police
power OF the city.
The legislature saw tit to designate
the class Of property upon which the
burden for such Improvement should
rest, and to limit the assessment spe-
officially to such class. This court
believes that the statute is good. but
since 1t Ii In derogation of common
right, 1t must be construed strictly,
and cannot be extended to classes
not plainly falling within its provis-
ions, and the class OF assessment at
tempted In this case does not plainly
Continued on page eight
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1915-07-15
THE ELKS HOLD
A GOOD MEETING
1T is DECIDED TO ERECT BAND
STAND FOR THE BIG
A. M. C. BAND.
STATE DIRECTORY or THE ORDER

A large and most enthusiastic meet
ing of the general arrangements com
mittee for the coming state conven
tion of the Elks was held last Tues
day at Elks' hall, over 20 members
out of the total committee member
ship of 30 being present
For Later Consideration.
The proposal of A. buchanan oil
Miles City to place his Coney Island
attraction at the convention, was laid
over for consideration at the neXt
meeting. This is sort of indoor fair
with booths, wheels, etc, for disposa
of goods, to raise money for the con
vention expenses.
Elks' Directory.
The proposition Of A. j. Hansot
Of Great Falls for the publication o1
a big state directory of Elks was con
sidered legitimate and was accepted
1t will be complete directory d
Elkdom. including all the officers o
the various lodges, the past exalted
ruler and memorials OF tIe various
lodges.
TO Erect Band Stand.
A bandstand will be erected II Tho
A. G. M. band of Butte, on the vacan
lot above the postotfice, corner Maii
and Sixth avenue.
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1915-07-15
sTRESSENCER TELLS OF DAYS
WHEN WOOL WAS KING IN FERGUS
BUYER WHO HAS PAID ANNUAL
VISITS FOR MANY YEARS
TALKS OF CONDITIONS.

Jack StreSSenger, one OF the pioneer
woolbuyers in central Montana, who
is now in Lewistown looking over
some clips that are offered for sale
took occasion yesterday afternoon I,
look back few years, to the lime
when Fergus was The banner WOO
and sheep county OF the entire .jni
ted States.
II came here to buy wool before
the big wool warehouse was erecte,
here. 1t was 1903 that my periodical
visits to Lewistown and Fergus conn
ty began" he said to Democrat
News representative.
Those were great days for The
sheepmen. But the coming OF the
farmer has brought about IA transfor
nation" he continued. 1T Is safe tt
estimate that this county does not pro
duce 20 per cent of the wool it did II
its holaycon wool growing days.
"Lewistown at one time was a pri
mary wool market of great import
ance There are still a number o
wool growers In the county, but tht
clips are smaller and fewer"
Buys Some Wool.
Mr. Stressenger, who represent
jeremiah Williams 4 Co. OF Boston
has made purchases of number 0
clips from Harlowton to White Sui
phur Springs, paying from 23la t.
26h cents.
He reports that the Ford and Man
ger clip OF 10000 pounds was sol'
! az
| for u cents.
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1915-07-15
MON ANA MEN
BOUGHT STOCK
FELL FOR THE OILY TALK OF
statesmen WHO PROMISED
ENORMOUS DIVIDENDS.
MOORE AND GRASS RANGE men LOST

PORTLAND, Ore, July l3.-Heayy
promotion costs in the financing OF
the United States Cashier company,
seven officials and statesmen of which
are on trial before Federal Judge
Bean for alleged conspiracy under the
postal fraud statute were emphasized
in testimony given today
Hiram S. House, expert accountant
for the department of justice, testi-
fled that the books of the company
showed that commissions in stock
sales totalleG as high as 53 l-3 per
cent. in at least one case and so per
cent in many others. In the sale OF
$40 shares for $4,000 to r. G. With
row, rancher of Moore, Montana, he
said, B. F. Bonnewell and Fl. NJ Todd
the statesmen, received 80 per cent, OF
$4,000; Frank Meneffe, president OF
the company, got 10 per cent. or ST.
900, and Frank Lemon, sales manager
the same amount. these commissions
totalling $5.l00 The company got the
other $500
House testified that on sale OF
10 shares for $425 to Manford NJ
Owen, bank cashier of Clyde. Wyo.
Bonnewell, the salesman, got 33 l..
per cent. and Menefee and Lemon q
total of 10 per cent, leaving the
company $240.83 out OF $425.
| Ten witnesses called by United
States Attorney Reames testified II
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1915-07-15
LARGER TANK FOR THE BIG FISH
Empire Pool Hall Fish Pool Looks
Like Permanent Fixture.
Many Varieties of Trout.

A new 5,o00pound cement tank has
just been placed in the show window
of the Empire pool hall and it looks
as though the fish display at this
place is to be a permanent fixture.
J. w. Hughes. the fisherman who
caught the big fish in this display,
completed the cement tank Saturday
and it is now in use.
Many people will be interested n
knowing of the extended variety OF
the trout now in this pool. All but
one of these fish were cauaght In
Spring creek, and that ont was taken
from Cottonwood,
In the lot are three rainbow trout
one cutthrOat, one Steelhead. one sill
yer trout, one New England brook and
one eastern brook. So say the fish
experts, anyhow. Look 'em over
! They are nice lot.
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1915-07-15
WILSON MAKES PROGRESS
ON NEXT STEP TO Be TAKEN

The general belief is that the presi-
dent will be here for a regular cabi-
net meeting next Tuesday and that
he may bring with him from Cornish,
N. H.. memorandum or rough draft
of note to be sent to Germany. He
will exchange views first with Secre-
tary Lansing who, it is believed, also
has mapped out draft of note. De-
cision on the policy to be followed
probably will be reached at the cabi-
net meeting and the new note may
be completed by the end of next
week.
Before the president returns, Count
Won Rernstorff, the German ambassa-
dor, will call ON Secretary Lansing to
explain at length the viewpoint of his
government. The ambassador recon-
mended to his foreign office the in
clusion in the last note of those para
graphs expressing the hope that the
United States and Germany would
work together for the adoption of the
principle of freedom of the seas. He
places much significance on the ex
pressed willingness of Germany tt
follow the lead OF the United States
on this question and thinks that the
way is thereby open for the United
States to mediate the entire contro
versy on the rules of maritime war
+, fare as they affect neutral rights. TIL.
ambassador, it is understood. believe.
his government would accept tender
OF good offices that had for its objec
meditation as between Germany ant
] Great Britain, where the rights O
neutrals are involved, either in tn,
carriage of contraband or the safet,
OF passenger travel.
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1915-07-15
MADE
BY JOHN BROOKS
HIS NAMESAkE AND NEPHEW
JOHN BROOKS or LEWlsTOWN,
is THE PRINCIPAL HEIR.
N|ECES AND MEPHEWS REMEMBERED
Five Thousand Dollars to Be Rxpend-
ed in Masses for Repose OF the Soul
OF the Late Henry Brooks-Epeciai
Mark OF Confidence In Peter Haipin.

The will of the late John Brooks
the pioneer stockman who died. last
Sunday, filed for probate In the district
court, was opened yesterday. The vii
was executed June 2, 1916, and Was
witnessed by G. Il. Mckoin and A. II
Stoddard BY the terms Of the instru
ment the following nephews of Mr.
Brooks are left legacies of 81 900 each
Frank Mengelkoch, Joseph Mengel
koch, Peter Weingart, Henry Vein
CART Tony Weingart, Robert j
Brooks and Henry A. Brooks The
sum of 81 900 Is left to each of the
following nieces Maggie Baker
Mary Spartzen and Maggie Smith.
TO Katherine Mengelkoch and 10
sephine Gegenmeir, nieces, $1,000
each. To Gertie Peters Of LeWistown
a niece, the residence property know
az the Antoine Oulette home, IL lefl
for the term of her life and IL thei
to revert to her eldest son.
To Annie Hastert Of Aberdeen
Wash, the sum of $4,000 IL left Th'
sum OF $4,000 Is to be used In solemn
masses at the Catholic church for tn,
4
deceased brother of John Brooks, fOl
a period extending over five years.
Robert J. Brooks of Minneapolis,
nephew, is left $4,000.
John Brooks the Heir.
The total residue of the estate Il
left to the decedent's nephew AM
namesake, John Brooks of LeWistown
The value of this residue, from th
estimates given, will seem to be no
far from 100000.
Peter J. Halpin, who Is named a
| the administrator, received Il singula
mark of the confidence OF Mr.. Brooke
whose business he had handled 70
number of years. 1t is specific
that Mr.. Halpin shall serve withou
| bonds, and his powers are as exteL
siye as could be conferred upon hin
under the law.
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1915-07-15
HARRY K. THAW IS SANE IS
THE VERDICT OF THE JURY
ascending the

Justice Hendrick. ascending the
bench, warned the spectators that any
demonstration would be met with ~.
we're punishment. Then the jury came
In. In reply to q question by the clerk
OF the court as to whether 4 verdict
had been reached, the foreman handed
over "a sheet Of legal paper which was
passed to the Justice on the bench.
Justice Hendrick read It and handed
it back to the clerk.
Gentlemen Of the jury" said the
clerk, "the question you have been
asked is this: Is Harry X. Thaw now
sane? Your answer is yes"
Despite the warning several per.
sons stood up In front OF their seats.
The court room hummed like a dyna.
no. Justice Hendrick and a dozel
court attendants raped for order.
Meanwhile Thaw. who, until the YER
dict was announced, sat at the counsel
table with his chin resting In hand
kerchief, had turned around and
grasped the hand of several Of his
counsel. Then he went to where his
mother was sitting few feet away
and throwing his arms about her
neck, kissed her twice. Mrs. Thaw at
the same time patted her daughter,
Mrs. George L. Carnegie, on the
shoulder. Thaw later shook hands
with his half-brother, Josiah Thaw. {
The verdict recorded, John b.
Stanchfield, chief counsel for Thaw,
made motion that the Commitment
be signed by Justice Bowling, k0llov-
ing a verdict OF not guilty on the
ground OF insanity. which was returned
by the jury at Thaw's second trial for
the murder Of White. be vacated. 8.
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1915-07-15

LONDON, July 15.-12:o5 a.
m.)-The atest developments
seem to indicate way out OF the
coal difficulty. A Cardiff dispatch
says that Walter Runican, presi-
dent Of the board Of trade, has ac-
ceded to the request Of the miners
executive council to resume nego-
tlatlons with the miners at the
point at which they were broken
of and that thus fortified the
executive will be able to meet in
conference today with the hope Of
arriving at settlement.
LONDON, July IA (lO:O5 p.m.)-De
spite the action Of the government in
applying the munitions OF war act to
the coal mining industry, which will
make the miners subject to severe
fines If they strike, it is practically
certain that large number of men
will stop work in South Wales tomor-
row, thus curtailing the supply OF
coal for the naval vessels.
The Federation Of Miners OF the
United Kingdom, the labor leaders and
the general public, upon whose sup
port the miners would depend to make
the strike a success, are all urging
them to continue work until an agree
m3nt can be reached, but the execu
tive council of the South Wales union
by majority vote refused to support
this recommendation and large pro
portion Of the men are preparing tc
nv down their tools.
1t is not believed, however, the
strike will last long, as the men them
selves are divided and the South Wales
union has not the funds to finance {
long strike; the Miners Federation
Of the. United Kingdom, after its rec
ommendation, it not likely to assis
them from its exchequer. There Ii
also a possibility that the government
will utilize the miners who enlisted
In the army and who have not lef
the country, to work the mines.
This dispute, which jeopardizes the
work of the navy, occupies the public
mind in England above all other mat
ters, and the official reports of thu
fighting in the east and west take
second place. In fact, except for {
sharp conflict in the Argonne, where
the German official communication
claims, an attack by the crown prince.
army was crowned with complet,
success" but which the French re
port says was repulsed, there has beer
little doing beyond the usual artiller!
actions and the bombardment o
points of concentration.
This Is the second success elaine,
for the crown prince in the Argonn'
during the last few weeks, but as II
the previous case, there is complete
conflict of testimony between the tw'
headquarters. The Germans stat
that they took nearly 5000 prisoners
while the French, although admitting
that their line momentarily gave way
declare that their counter attacks al
rested the progress of the German
and drove them back.
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1915-07-15
SUCCESSFUL ADVANCE.

LONDON, July Is. (2:05 a. M
The official British press representa-.
tive, with thea llied forces in the Dar
danelles, in dispatch dated July Z,
and reaching London by way OF Alex
andria, Egypt, July IA, says:
"A successful allied advance on the
left wing June %, alarmed the enemy
seriously, causing him to bring up
troops, and lie has been launching Wig
orous counter attacks ever since in a
vain effort to recover his lost ground.
"Enver Pasha, the Turkish minister
Of war, hurried down from CONSTANT
nople to stimulate his troops, a great
banner being hoisted on Achi Baba to
signalize his arrival. There had been
some dissension among the Turkish
leaders, especially regarding the ad-
visibility of counter attacks, but
Enver.Pasha insisted upon general at
tacks, which were undertaken repeat
edly with great bravery and tremend-
GUS losses, masses of Turkish troops
fading away before the allies artil-
lery.
meanwhile the Turkish Asiatic bat
teries were active, causing some an
noyance at our landing places, but
there were few casualties, since all
the troops were too well entrenched.
"The allied men all pay tribute to
the extreme gallantry and indifference
to death shown by the Turkish infan
try, but their methods of attack are
crude and wasteful. They are lacking
in knowledge of how to carry out an
! assault Sciantifica1IV
"The Turks generally mask for al
attack behind some natural barrier
Generally our artillery is influenced
of their massing before the attack il
launched, thereupon, knowing all th
ranges to foot, we break up the mass
with torrent of shells.
"The Turks recently have beer
adding extensively to the defensive
possibilities of their positions in al
effort to prevent any further advance
of our troops, and the Turkish soldiers
! have been given special orders prohib
iting their retirement under any cir
cumstances. Their officers have beer
directed to shoot soldiers who attemp
to retire"