davidaulloa/AmericanStories huggingface dataset:
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-08-07

fraud was committed is held to be
sustained by the evidence.
8. Evidence that, at the time OF
the sale of a stallion, a defect or
bFuise was found on its front feet,
and that the purchaser examined the
same, and that the seller said that ne
believed 1t was occasioned by the
horse stepping upon itself, in connec-
ton with the fact that the sale of the
horse was not urged upon the pur-
chaser, but others were offered in
preference thereto, does not as mat
ter of law prove fraud and deceit as
to the breeding capacity of such ami
NAL, even though later on sidebones
developed.
Action for the purchase of a horse.
Counter-claim In fraud and deceit.
Appeal from the district court of
Eddy county; Hon. c. w. Butte, spe-
cial judge.
Judgment for plaintiff. Defendants
appeal
Alarmed.
Opinion of the court by Bruce, Oh. j.
Grace and Robinson. j., dissent.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-08-07
From Cass County.

C. A. Cross, plaintiff and appellant,
We. Hillsboro National bank. cor
poration. defendant and respondent.
Syllabus:
/. Garnishment, vacating Judg-
ment Against Garnishee. When the
trial court, in the exercise of its dis
erection, vacates and sets aside judg-
ment obtained against the garnishee
on the ground of some mistake of fact
or for any other good reason which
appeals to the sound judgment and
discretion Of the trial court. the order
Of the trial court vacating and setting
aside such judgment will not be inter
fered with in the appellate court, un-
less 1t clearly appears there is an
abuse Of the discretion vested in the
trial court
2. The trial court. by and through
its inherent powers, has the power to
set aside a satisfaction of a Judgment
where such satisfaction was given or
brought about through a mistake of
facts, or by uisapprehension of the
facts, brought about by statements,
letters, representations, or circum-
stances, made by the attorneys or par
ties interested in having the satisfac-
ton placed of record. to the party
who caused the satisfaction of such
iudgment bv the payment Of monsv
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-08-07

Scandinavian American bank, a
corporation, plaintiff and appellant.
VS.. N. w. Hall and Mrs. N. w. Hall,
defendants and respondents
Syllabus: Upon the dismissal of a
case In a Justices court for want of
Jurisdiction, upon motion made or de-
murFer interposed by the defendant,
he is entitled TO judgment for costs
Appeal from the district court OF
Cass county; Pollock, J.
Plaintiff appeals.
Affirmed.
Opinion Of the court by Christian
son, ].
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-08-07

How do you like married life?"
Fine! JUS fine!" replied the
bird.
And is your husband a good pro-
Vider?"
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-08-07
In The Open Forum
A Column Devoted TO the Task of
Keeping Up With North Da-
kota Editors.

The Hannah Moon breaches goo
in this:
There is a strong disposition
on the part of some men to find
fault with the administration in
every move it makes. This is not
fair, neither is 1t patriotic. Our
nation is at war. Every true citi-
zen feels the strain of it. This
strain is surely increasing as we
get deeper in. Men who hold
the big, responsible positions feel
the strain more keenly than the
average man. Then 1t is loyal
support that our representative
men need and want. II we can
do or say anything to help these
men in their gigantic task let us
do so. If not we should. until
tho war is over, go to some
shady place and keep silent in
seven different languages.
Knocking the government is
popular pastime with many in
peace times but it doesn't go in
war.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-08-07
From Foster Conn.,.

From Foster County
Maleh. respondent.
Syllabus: No appeal lies from the
order of a magistrate requiring a per-
son who has threatened to commit an
cffense against the property or person
of another to enter into an undertake
ing to keep the peace.
From a Judgment of the district
court of Foster county; Corey, ].
Plaintiff appeals.
Affirmed
Opinion of the court by Christian
son, J.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-08-07
Birdzell and christianson. ~. dis


from k&0mSey Comfy
w. I. Goldman, plaintiff and re-
spondent, VS.. Martin Olson, as sheriff
of Ramsey county, North Dakota, de-
Syllabus: In this case it is held
that chattel mortgage in the form
of bill of sale is not void when dE1y
made and filed without fraud or de-
ceptions to secure an honest debt
Appeal from the district court of
Ramsey county; Hon. C. w. Butte, J.
Opinion of the court by Robinson. J.
From County Court OF Ward County.
Arthur G. Strassheim, plaintiff and
appellant, VS.. John Mcguire, defend
ant and respondent.
Syllabus:
/. The giving of a note is not, in
settlement between the parties, and
evidence Is admissible to prove that
at the time of its execution and deliv-
cry the payee was indebted to the
maker for services performed, and
such Indebtedness may be pleaded as
an offset.
2. The record examined and held to
contain substantial evidence In sup
port of the counter-claim of the de-
PENDANT.
Action to recover on a promissory
note. Counter-claim for services rem
dered.
Appeal from the county court of
Ward county; Hon. VIM. Murray, j.
Judgment for defendant. Plaintiff
appeals.
Afirmed
Opinion of the court by Bruce. Oh.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-08-07
LOSES HAYsTAcK; ALSO HoRaE.

Garrison, N. D., Aug. IA young
boy starting fire q short distance
from some hay caused the destruc-
ton of four-ton stack Of hay and
two wagons. A horse was so severe
ly burned that II was necessary to
kill it. The blaze occurred on the
Gottlieb Schempp farm in the eastern
part Of this city.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-08-07
DECISIONS OF
. SUPREME COURT
Enron, Towner County.

Ernest Quackenbush, plaintiff ana
respondent, VS.. George W. Shively, In
dividually and as sheriff, ct al, de-
PENDANTS, John ID. Gruber Coz, a cor
poration, defendant and appellant
Syllabus: This is an action TO re-
cover the value of personal properly
wrongfully taken from the possession
OF the plaintiff and. sold on an execu-
rion against a third party. The facts
stated clearly show the taking and
was wrongful, and that plaintiff is
clearly entitled to recover the value
Of his property, with interest ana
costs.
Towner county; Hon. c. w. BUTTE,
Judge.
Opinion of the Court by Robinson, J.
From Eddy County.
william Steinbach, plaintiff and re-
spondent. VS.. stephen Bauclair and Eli
len BauclaiT, defendants and appel-
lants.
Syllabus:
l. Fraud is not to be presumed. e
must be proved. And while 1t may be
established by circumstantial evil
dence, yet If the reasonable inference
from all such evidence does not pre-
ponderate toward the conclusion OF
fraud, then such evidence Will not
tire evidence on the subject, gooo
faith. or an honest mistake even, may
be as nationally and reasonably in
ferred as fraud, then the law leans to
the side of innocence. Though the in
terence of fraud may be drawn from
facts and circumstances such FRAUD
must not be the guesswork or con-
lecture of q jury, but the Inference
must be the rational and logical de-
duction from the facts and circum-
stances"
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-08-07

The Mandan Republican loves
Hoover for the enemies he has made
as is evidenced by the following edi-
torial:
Food Administrator Hoover is
being opposed by certain inter-
eStS which last year permitted
storable food stuffs to perish in
the fields in order that handling
costs might be minimiZed and
NAHUM prices might be obtain
ed from the consumer. The OPP
position or those interests should
increase the public's confidence
in Mr.. Hoover.
tells some of the troubles of the
country editor in this little editorial:
A man came in our office dur
ing the past week and asked US
why we didn't roast Blank a
little bit harder, and touch him
up about still having a deputy
running his Office. We asked our
visitor had he ever made COM
plant to the county commission
ers about these things, as a tax
payer. He replied. NO. Then
when we suggested that he make
formal complaint and also write
us a letter for publication. be
became somewhat indignant,
stating that he thought it was
our business to roast everybody
and that was why he was taking
the paper. The complaining
party won't see this, because his
subscription has been stopped.
Such is the life of an editor.
The Spotlight man has grasped a
truth that some editors have missed
that a newspaper should not be
published for the purpose OF fighting
out private grievances.
Speaking of the part that music
plays in war, The New Rockford
State Center says:
Music inspires patriotism and
sets the blood to tingling. Sol
diers forget their trivial con-
Germs; the flag and music raise
them above the petty concerns
of the camp and stir the heart
TO action. A. regiment of killed
Highlanders, with their pipes
blaring, their flags flying, and
the fine swing of the soldiers, is
an inspiring sight. the "laddies
from hell, as the Germans call
them. DID,.
These came to American cities
to arouse somnolent Britons to
duty, but they appear, also, to
have aroused American patriot
ism to a high pitch. Under the
circumstances 1t might be well to
organize few detachments of
pipers and keep them at work.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-08-07
From Dunn County.


First National Bank Of Dickinson, a
VS., Big Bend Land Co, a corporation,
defendant and appellant.
/. Where the vendor. in an execu-
unable to perform and becomes obli-
gated to repay the vendee the pay
ments made under such contract, and
where such vendor when garnished
at the suit of the vendee creditors in
good faith and without notice of q
terest, satisfies a Judgment rendered
against him in the garnishm snt pro-
ceedings, he is to that extent relieved
from liability to. the assignee.
3. BY statute the recording OF
deeds, mortgages and instruments af-
fecting title to real property is con-
structive notice to all purchasers and
tncumbrancers subsequent to record
ing. 1t is not any notice to prior pur-
chasers.
Appeal from the district court of
Dunn county; Hon. w. c. Crawford,
Judge.
Reversed.
Opinion by Robinson, J.
Bruce, Oh. j., and Christianson, J.,
concurring specially
From BurleIgh County.
State of North Dakota, ex rel f. E.
McCurdy, states attorney within and
for Burleigh county, North Dakota
plaintiff and respondent, VS.. Annie
Bennett and John II. Bennett, defend
Syllabus: In the absence of legis-
lative enactment authorizing the de-
struction of personal property which
Is kept and used in connection with
the operation and maintenance Of g
bawdy house, the conrt has no in
herent authority to orderS the de-
struction of such property and has no
authority to order the destruction of
any property connected with the OPP
Grafton of g. bawdy house. The court
has, the authority, under the present
law defining bawdy houses, prescrib-
ing what may be done with such
houses and personal property therein,
to take possession OF, close, and keep
closed for the term of one year any
house or building in which such baw-
dy house is conducted; and has au-
thority also to take possession of all
personal property found therein or on
such premises and place 1t in the -pos-
session, by its order, OF sheriff or
to remain in such possession for the
term of one year; and has also the
right and authority to charge up 9s
costs in such case the expense OF
caring for all such property during
such time the same is in the posses
sion or control of such persons as are
authorized by law to take charge of
property, such as sheriffs or other
persons appointed by the court.
2. Where the affidavits in support
of an application for injunction refer
to the nuisance as having existed,
rather than existing, the court Is not
without Jurisdiction, Notwithstanding
that the affidavits do not allege the
present existence of the. nuisance az
the time of the commencement of the
action, where the complaint in the ac-
ton does alleged that the nuisance
is existing at the time of the COM
mencement of the action and the in
functional order Ia based upon botn
the complaint and the affidavits.
Appeal from the district court Of
Burleigh county; Hon. w. L. Nuessle,
judge.
Modified. a
Opinion of the court by Grace, ].
Robinson, j.. dissenting in part.
From Ramsey County.
State Bank of Minneapolis, Mimi, a
corporation, plaintiff and appellant,
a.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-08-07
From Ramsey County.

State Bank of Minneapolis, Mimi, a
corporation, plainttn and appellant,
VS.. Albert Benson, defendant and re-
spondent.
r. Syllabus:
1. This is an action on a promis-
sorry note given for a mere promise
of worthless corporate stock. The
plaintiff is not a good faith purchaser.
When 1T took the note $40 was past
due; it knew the payee and its man
ner of taking notes for worthless
stock. 1t had notice of facts and cir
cun1stanees sufficient to put 1t upon
inquiry, which would have shown that
the note was not made for fair and
valuable consideration.
2. When the holder of a promis-
sorry note claims protection as a bona
flde purchaser, 1t must appear that the
purchase was made in good faith and
not in reckless disregard of common
prudence and honesty.
Appeal from the district court of
Ramsey county; Hon. C. w. Butte, J.
Affirmed.
Opinion of the court by Robinson, j.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-08-07
a GOOD MATTRESS

To thoroughly renovate and clean
a mattress the work must be done
by an expert, and if the mattress
has constant wear it should be sent
to d, reliable establishment every
season. .t
In addition the mattress should be
kept free from dust by brushing
with a moderately stiff brush every
week, taking particular pains to
brush close to the seams and in the
crevices around the tufting buttons.
After this the bed springs should be
well brushed and the Stats wiped of
with. q damp cloth.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-08-07
II ousehotd t1intC..

Dampen a soft brush with this and
lightly pass it over the gilt. 1t is
said that no odor is perceptible in
the room, but that the flies will shun
the object thus treated.
To cleanse gilt articles wash in
white .soapspuds, using small, fine
brush, rinse thoroughly and wipe
with a soft cloth until perfectly dry.
The Birmingham age-herald., 1917-08-26
SCREWS TO LEAD ALABAMA RAINBOW
 FORCE IN FRANCE

Montgomery, August (SpeciaL) Col. William P Screws of Alabama. advanced from captain in the regular army to colonel of the Fourth Ala : bama regiment in one year, will re main in command of the regiment in training and will lead 1t on the firing line in France.
 This official announcement was made by the war departemnt Saturday afternoon. For several days it had been feared he would be recalled to his regular regiment under an order requiring all army officers on de- tached duty with National Guard or !. ganizations to return to their com- mands. Friends of Colonel Screws asked that he remain with the reg iment and a representative was sent to Washington to insist on his reten- ton. His regiment is known as the 161st infantry and will leave at once for Mineola, Long Island, for training as a part of the rainbow" division which will go to France as soon us organized.
 Reports that the regiment would en :. train Sunday and early next week, using cars which brought the first compa nies of Ohio troops to Montgom. cry Saturday. were denied by Colonel Screws Saturday night
 Tt will be physically impossible for the regiment to leave that soon," he commented. It is believed it will go within 10 days
The Birmingham age-herald., 1917-08-26
TWO SOLDIERS AR[ KILLED WHEN BURIED
 SHE'LL EXPL 0DES

Camp Doniphan, Fort Sill. Ofla August 2S.--A live shrapneI shell, half buried on the site of the artillery range used by the school of fire here more than a year ago. took the lives of Prvates Nell son and James Kelley of Battery A, second Missouri Field artillery, here late
 today when the fire over which the sol- diers were cooking their first meal since
 their arrival caused an explosion which wrecked the mess hall and wounded four compancns. They were: Privates Oakley. Bloomer McGiew and Raymond Rose all of Kansas City
 Nelson was killed outright while Kel-y died on his way to the military hos
 pital, where sthe wounded were taken Army physicians said aniputation of Pri-
 vate Oabley's ieg was necessary. Army osficels We're puzzled over tho eSplosicn hfit agreed taat it vas e{ns4A | by an abandoned shell on the range wnlcn had rot been usel s.nre carry in isl6 On this site the mess hall had heen erected.
 With the exception of Oakley none of the wounded was seriously injured.
The Birmingham age-herald., 1917-08-26
APPALACHIAN COAL
 MEN CLAIM THEY
 WILL LOSE MONEY

Knoxville, Tenn. August 25.--With a serious coal situation already facing Knoxville, members of the Appalachian Coal Operators association declared Sat, urday morning at the price fixed by the retailers they faced a loss of about 70 cents on every ton of coal, and that, facing this loss, they would have to quit business. leaving the situation worse than ever.
 Conditions in the Kentucky Tennessee fields were said today by members ,of the Southern Appalachian Operators as- sociation to be practically the same as they were at the beginning of the strike two weeks ago. It was asserted by them that the more than 50 mines which rec ognized the union Friday represented less than per cent Of the tonnage mined in the strike region and that they were really the mines which had been en- ploying union miners previous to the strike.
 With the opening of these properties, ! said a coal operator, there will be no change whatever in the production sit1a ton. The majority of the mine owners
 l-ning the agreement are operators of
 .gon mines and properties of very lit
 e more significance. In the Southern appalachian Coal Operators association are represented l5o mines, all the big producers of the region affected by the strike, and the operators of these prop critics are standing just exactly where they have stood all the time--frnly de- ternined under no circumstances to ex- tend to the miners union recognition of any character whatever
The Birmingham age-herald., 1917-08-26

While the statement regarding mar mied -men was in preparation orders were issued changing entirely the mob ilization arrangements previously made. Congestion of rail traffic and the ne cessity of making better provision for the reception of the men at the canton : ments dictated the changes.
 NEW PLAN OUTLINED
 Under the new orders, per cent of the white men. preferably those with military experience, from each local area. will be started forward to the camps September instead of 30 per cent. They will go in five daily detachments of equal sizc and form skeleton conn pany organizations and set up going concern into which the re- nainder of the total quota can be absorbed without confusion ms they reach the cantonments.
 The next fo per cent of the quotn will go forward September 19, when the second 30 per cent orig inally was scheduled to go; sec-. ond 10 per cent will go forward October 2, instead of the third 30 per cent, and the remaining I5 per cent will be called up as soon thereafter practicable.
 Local boards are directed to disre- gard Grder of liability numbers to some extent in selecting the first per cent as men of experience, such as cooks and former soldiers, are desired at that time. Warning is giveen, however, against getting into this levy by req son of his experience. any man who might not otherwise have been included
 tCOnfinueu on Page ElcyeDD
The Birmingham age-herald., 1917-08-26
Army of Cadorna Places Tri-CoLor
 on Monte Sano
Austrian Stronghold on Isonzo Front Is Taken in Tremendous Drive Now in Progress Gains Made by French at Verdun and Ger
 mans Again Forced Back at Lens

Rome, August 25-12:30 p. m.-The Italian troops on the Isonzo front are marching to com lplete victory
 At Udine, Salvatore Barzilai, civil governor of the Austrian territory occupied by the Italian army when informed of the complete victory of the Italians, exclaimed At last our soldiers have achieved this magnificent thing; they have freed Jour soil from the ancient enemy"
 The final success of the Italians in winning their greatest battle in this war is thrilling the |country as never before Both the army and the ci williams now see the result of two years suffering economic hardships The victory came unexpe Iedly notwithstanding the encouraging buleti of the last fortnight. is General Cadornas IT e never to announce an event until certain that s troops are able to hold new positions
 Rome August 25The tricolor of Italy has been flying si yesterday the summit of Monte Santo, which rian stronghold the Isonzo front according the o statement issued today by the Italian department
 Italian
  the the difficult
The Birmingham age-herald., 1917-08-26
ID
 GOVERN MINES ID BE PUBLISHED SOON

Washington, August Regulations Ito govern the operation of coal mines will be issued by pr. H. A. Garfield the
 fuel administrator, probably. next week.
 Dr. Garfield devoted some time to tho situation today and called into cons
 ference Francis $. Peabody, chairman
 of the coal committee of the council of national defense. and George Otis Smith, chief Of the geological survey.
 The federal trade commission is
 working on a scale of profits for retail
 coal dealers which 1t will submit 10
 Dr. Garfield Indications are that re-
 tail prices will be fixed to complete the governments control of the coal indus-
 try already put into operation with the fixing of mine and wholesale prices Regulation of the production and dis Itribution of crude oil and it's products
 under the food control law was pre-
 dicted tonight Although the govern ment has no power to fiSAsa scale of prices for oils il can require that the
 Industry operate under licensing svs- tenn and this, officials said. probably "ill be put into effect,
The Birmingham age-herald., 1917-08-26
TODAY'S AGE-HERALD

SECTION A. i-Drafted men with families abso lutely dependent will be given consideration. Italians are marching to victory Martial law will be lifted in Hous- Mine regulations to be published soon.
 Two soldiers are Killed when shell explodes 3-Big fight on tax bill comes this week. 5-Methods pursued in tick eradica- tion menace to packing industry German captured in ear of air planes in local yards. No change in coal miners strike situation. Coal operators will show cost sheets. s-carpenter's letter in Birmingham district. Bankhead's tax amendment will help small man. S-Better treatment of negro is urged in Mississippi. s--Vartee programme at community
 SECTION B, 1-Uncle sam spends $156.so on each man sent oversee. 2-3--Sports. s.9--News of automobiles. 1o-.General Morton assumes command at Admission. 11-Markets. I 2-Society. 3--Bookshelf 4-Editorial comment. Ned Brace. 5--Dr. Harris on diet. e--DoIly Dalrymple. 7-Fashions
 SECTION D. Comic supplement.
 SECTION E. .RotroSravurs
The Birmingham age-herald., 1917-08-26

Farther south. on the Carso, fighting continues violently and necessarily. Aus trian efforts to win back lost positions were defeated.
 New gains have been made by the French on tlre Verdun front. rounding out the victory won in the offensive begun on Monday. The French advanced north of Hill 304, Paris announces, and captured three fortified works near Beth incourt. The official German statement, however. says French attacks between Malancourt and Bethincourt, as well as near Hill s44, east of the Mouse, were repulsed.
 On the British front sharp local en- agreements are in progress. The British captured trench position west of Lens aud post near Lombaertzyde. The off cial German statement comedies small British advance near the Ypres-Menin road, but says that at other points the British were repulsed with heavy losses.