davidaulloa/AmericanStories huggingface dataset:
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23
Supreme Court Decisions
From Cavalier County

J.. B. Beauchamp, plaintiff ana re-
We. Retail Merchants Assoc
ciaton, Mutual Fire Insurance COM
pany, defendant and appellant.
Syllabus: ~. The object Of a fire
insurance contract Is to afford indem-
nifty, and forfeiture stipulations and
conditions in the policy will be con-
strued, II possible. SO as to avoid for
fixture and afford indemnity.
(2). When an insurance contract
Is conditioned to become voil in case
there be a breach of q condition pres
n or subsequent. the true meaning is
not that the instrument is upon a
breach thenceforth a nullity and has
no legal existence, but only taht upon
q Walton Of the covenants by the in
sured, the insurer shall cease to be
bound by his covenants.
(3). The insurer may waive the
conditions IN the policy relating to
forfeiture and non-waiver, except
when the insured. by the act loses his
insurable interest.
a.. When the insurer has once
manifested an intent to waive a for
fixture, it canno subsequently with
draw the waiver, unless the acts con-
shutting waiver were induced and oc-
|casioned by fraud on the part of the
insured.
(5). AS a general rule a forfeiture
is waived when an insurer with
knowledge of the act on the part OF
the insured which works a forfeiture
enters into negotiations with him, and
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23
CRAFIONQUOTA
IS SUBSCRIBED
$4,000 Worth Of. Bonds Sold
Without Effort on Part
Of Committee.

Grafton, N. D., Oct. 23.-The citi-
zens of Grafton were notified that the
committee in charge of securing sub-
scriptions for the second issue of Lib
erty Loan bonds would"be at the vari.
GUS banks Of the city, at 8 o'clock
Monday morning ready to receive sub
scriptions.
Grafton had been apportioned $780,
900 of the issue by the county COM
mittee having the matter in charge.
ALL day long the people streamed into
the three banks and at 4 O'Clock,
when the wickets closed, the $50, 900
had been subscribed.
Grafton dollars volunteered they
were not conscripted. 1t did not take
. big committee armed with argu-
ments and persuasions to secur the
money. It came freely and gladly from
the pockets of the people. The little
boot black in Fo1ey's barber shop
came UP with his subscription for $50
5ust as proudly and periodically az
the presidents Of the banks with their
Big subscriptions.
Not all Of the people have yet re-
sponded. Some are absent, some III
and some q little slow. but they Will
all show their patriotism. are not con-
tent with the waving Of flags ana beat
ing of drums. Grafton will oversub-
scribe its quota easily and will follow
her boys Of Company G, the Supply
Company, and her big contingent In
the navy with dollars to help them
win the war.
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23
COPPER STRIKERS
ORDERED To WORK
in ARIZONA MINES

Globe, Ariz., Oct. 22.-secretary Of
Labor Wilson, head Of the federal in.
dustrial commission which is invest.
eating the strike Of the copper min
ers. tonight announced the plan
whereby normal production. will be
resumed by the mines in the Globe.
Miami district.
Under the orders Of the commits
sion, The strike must, be called Off
Immediately, all men who desire to
return to work must report to the
companies within five days, and an
absolute bar against any further
strikes during the prosecution OF the
war Is raised by the commission.
The secretary and his ASSOCIATES
also gave preference to former m
ployes Of the local companies over
persons from outside points, and fur
thermore, gave preference to married
men over those who have no families.
Men now at work in the mines are not
to be interfeTed with.
The commissions order provides for
the election of grievance committees.
by secret ballot. by the miners
ployed by. each company, the mem
hers to be actually in the employ Of
the company. :.
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23
OPEN NOSTRILS! END
A COLE 0RCATARRH
How-To Get Relief When Head
and Nose are Stuffed Up.

Count f1fty! Your cold IN head or
cataarh disappears. Your clogged
nostrils will open, the air passages Of
your head will clear and you can
breathe freely. No wore snuffling,
hawking, mucous discharge, dryness
or headache; no struggling for breath
at night.
Get a small bottle Of Ely's Cream
Balm from your druggist and apply a
little of this fragrant antiseptic cream
in your nostrils.o It penetrates through
every air passage Of the head, sooth-
ing and healing the swollen or in
famed mucous membrane, giving you
instant relief. Head colds and ca
taarh. yield like magic. . Don't stay
stuffed-up ind miserable. Relief n
sure.-adv
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23

induces him to incur trouble or ex-
pense under. the belief that his loss
will be paid.
co.. A non-waiver stipulation in
the policy and a non-waiver agree
ment executed by the insured after
the loss and before or during the in
vestigation by the adjuster will be
construed strictly against the insurer.
CO. Such stipulation and agree
ment will not be extended by impli-
cation beyond their exact terms, and
do not prevent the insurance com-
pany from being bound by statements
made and acts performed after 1t
had fully investigated and to it's sat
isfaction ascertained the cause of the
fire and the amount Of the loss.
(8). Waiver is ordinarily a uues-
ton for the jury. but where the facts
and circumstances relating to the sub
ject are admitted, or clearly estab-
lished, and only one inference can
reasonably be drawn therefrom, waiv-
er becomes a question of Law.
From a judgment of the district
court Of Cavalier county. Hon. w. J..
Kneewshaw. judge.
Defendant appeals.
Affirmed.
Opinion of the court by Christian
son J.
J.. Bruce, Oh. j., dissenting.
Pierce, Tenheson & Cupler, Fargo,
Attorneys for appellant.
Crimson & Johnson. Langdon, and
Linde & Murphy, Bismarck, attor-
neys for respondent.
From Stark County.
John r. Mccoy and W. F.. Ryan,
! plaintiffs and appellants, vs. H. A.. Da-
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23
Montana News
Life Insurance For
Sugar Plant Employe.

Missoula, Mont, Oct. 23.-The
Great Western Sugar company, which
has factories throughout Montana,
has announced a plan for presenting
to each Of It's employees who was in
it's service for six months or more
previous to September /, a life insur-
ance policy for the amount Of wager
received during the previous year ul
Ito $4,000.
felicies will be presented to new
employees on the same terms after
they have been with the company sia
months, 1t is announced, and will be
kept in force during the period of en-
ployment. The company maintains
16 factories and it is estimated tina,
the amount of insurance to be thu
written will total $4,000, 900.
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23
Wis ana ]. W. Bowen. co-partnSeE
Davis q Bowen, defendants and

Wis ana ]. ". Bowen. co.pArtaSIs
Davis q Bowen. defendanfs md
syllabus: "a. Under sscsion 6S1
c. L. 1918, an unrecorded dsedx
void as against q judgment laWfuMf
obtained against the person tn whdSe
name the title to real properly ap-
pears Of record. And the certificate
Of sale issued to q purchaser upon 2
sale legally held under an execution
issued upon such judgment. 10 valid -
against an unrecorded deed, OF which
the Judgment creditor and purchaser
had no notice. 5 Ia.
(2). Under the stipulated facts In
ed deed held by the plaintiffs is void
az against a judgment lawfully OBJ
tanned by the defendants against the
then record owner Of the premises In
volved, and the certificate Of sale rs
sued to them upon q sale Under the
execution issued upon the Judgment.
-t3). As = general rule the consti-
nationality Of q statute cannot be first
raised on appeal in q civil action.
N). A'court will pass upon q con-
stitutional question only when such
question ID properly before II and
necessarily involved.
3d.. Courts should not OF their
own volition go outside OF the record
and search o reasons for %annulling
q statute. nor should they conjure up
theories to %overturn and overthrow it.
From a judgment Of the district
court Of Stark county, Crawford, ].
Plaintiff appeals.
Afirmed.
Opinion Of the court by Christian
son, J..
Robinson. J. dissenting.
H. G. Berry and ]. P. Cain, Dickin-
son, attorneys for appellants.
Murtha & Sturgeon. Dickinson, at
torneys for defendants and respond
ents.
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23
wv SKELETONS ARE
UNEARTHED ON>RANCH

Billings, Mont, Oct. 23.-Two hu-
man skeletons, believed to have been
buried half a century ago, have been
fact that they were buried six feet
under ground leads to the belief that
they are the bones Of white men, and
not Indians. They were in a sitting
posture and, were free from bullet
holes or other evidence of violence.
1t has been suggested that they
are the bones of. early day trappers
or traders, or perhaps those of mem
bers Of the. Lewis ana Clark expedi-
ton, the first white men to pass
through the Yellowstone valley.
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23

Second, you tell her you guess
you'll give it a trial.
Third (this is importantly, you
hustle up and tell her that one must
do his star gazing all alone, or she'll
offer to keep you company.
Fourth, you beat It out to the
bowling club or poker party.
1t worked like a charm with this
Grand Forks man, until his wife told
about the star gasing treatment at her
club. Then they called her attention
to the fact that clouds had yelled the
stars most of those nights.
Now it's all over with him. Friend
wife so announced to her fellow club
members. Still it may work in other
households If one keeps a weather
forecast handy.
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23

II you are the nan Of the house
you had better cut this out before the
wife sees it and retire with it to the
basement to peruse its contents.
It 10 q brand new excuse for slid
ing out from the family areside Of
an evening.
A Walnut street man has been try
ing 1t for months and getting by in
great shape, or he did until he bumped
up against several cloudy evenings.
1t works this way:
First, you tell the missus' about that
Harvard astronomer who AYERS that
It takes a mans mind off such Grass
stun as making money and rests the
soul to gaze upon the stars.
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23
Edgeley Faces Coal
Famine; Has Ten Ton,

Edseley, N. b., Oct. 23.-This city
has only ten tons Of soft coal and no
hard coal. The situation is becoming
serious and q large number Of the
kilograms have been sent to con-
gressional delegates and Captain 1. p.
Baker of Bismarck, state fuel admin
istrator and fruitless appeals nave
been made to wholesalers but the sup
ply is fast going without relief In
sight.
At present some Of the people are
dividing their share of coal with
those who have none. As extreme
measures, some people are consider
ing to one house. A large number Of
the farmers in the district are also
in the same plight.
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23
Gold DISCOVERIES Meet
After Long Separation

Butte, Mont, Oct. 23.-The two last
survivors Of the discovery Of gold in
Montana met, after a separation of
SO years, at the dedication Of a monu-
ment at Gold Creek, lei here, this
month, to Captain James H. Mills,
Montana's first newspaper publisher.
They were Granville Stuart, a men,
Der of the party which discovered the
first placer gold in the state at Gold
Creek in 1855, and David B. Weaver,
a member of the prospecting party
which, in 1864, made the fifth dis
covery of placer gold in the Yellow
stone valley.
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23
MERCER SHERIFF TO
FIGHT FOR OFFICE

Haxen, N. D., Oct. 23.-According
to information. obtained from authori.
ties here. William HAevischer. former
ed while an Investigation was being
made of county officers BY Attorney
General LANCER, will try to convince
the cotrt that his resignation was not
legally accepted by the county board,
and that he should still be sheriff.
The Office is now filled by Felix p.
Confath. who was appointed by the
county board. John Pulles was ap-
pointed to the position after Haze
vischer's resignation but failed to q
cept the office.
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23
MORE OIL LOCATED
in DIES Laos REGION

Des Laos, n. D., oct. 2s.-Gas was
struck on the Bloom farm near here
at q depth Of $40 feet by the Def Laos
Western Oil company, which 10 sink
.ing its second well for oil.
The new we'll 10 about 500 feet from
the place whore oil was struck sev-
erai months-ago, and there 10 4 show
ing Of oil in the new well. While
drilling the we'll, veins Of coal 30 feet
thick were struck and the drillers
were working in the coal when the sas
Wa struck.
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23
COUNTY AGENT IS.
EMPLOYED IN SLOPE

Amidon, N. D., Oct. 2s.--At a meet
ing Of the county board Of commits
sioners, IL was decided to employ q
county agent for the ensuing year,
which were signed by the majority Of
the farmers in the county.
f. q. Orr, county agent at Orr, and
p. w. Clemans)of the farm extension
board at the Agricultural college.
were in the county several days help
ing the work Of securing signers for
the petitions and explaining the work
Of the county AGENT.
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23
! w.!
FOR WEATHER e. til r


H-4 N +Et4= ~ t3taHf ElEsNZ. Lah E}4U. HSEt 4
Washington. Oct. 2z.-Miiitary exc
perts here do not expect winter TOT
halt the great allied drive against the
Germans in Flanders. Secretary Bal
ker's weekly review Of war operations
issued tonight disclosed the belief OF
the war department that potency of
material and men VIII enable the
British ana French commanders to-
triumph owe natural obstacles and
without waiting for spring. /
The war secretary declares 1t eap-i
parent that the German high CONF
mand planned the recent expeditionS
against the Russians in the Riga Sec
tor to bolster up morale and meet inn
pending internal difficulties. Byex-t
tending her lines in the east, he add
ed, Germany mas merely added to the
length of her line .of communications,
and increased confidence in the final.
allied victory.
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23
GOING AFTER

Butte. Mont, Oct 2s.-Because
some 80 men Of Silver Bow county
for military service. the members of
the city and county exemption boards
here have issued an appeal to drafted
men who have been called for exam
nation, to unite in IN effort to APP
prehend the ''slackers."
The boards propose to furnish the
draftees with the names and addresses
Of those who fail to report, SO. that
they may be sought out and forced to
appear.
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23
GERMANS OF STARK
COUNTY SHOW THEIR
LOYALTY TO AMERICA

Dickinson, N. D., Oct. 2a.--That the
Germans and Hungarians of Stark
county are loyal to the United States
was shown when the members of tho
German-Hungarian club voted the use
Of $3.50 Of the funds of the club for
the purchase Of Liberty Bonds in ses-
sion at their hall here.
These people. although a large num-
Der Of them were born in Germany,
are true Americans ana have the
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23
Mercer County Lad
Dies Al A Result OF
Accidental Shooting

Hazen. N. D., Oct. 23.-The a-year-
the result Of being shot accidentally
by q 80 caliber rife. The lad, was
carrying the gun in an automobile
with him when it accidentally dis
charged, the bullet entering his
breast. He was brought to his home
here, where he died within q short
time.
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23
WOOL Ill SHORT.

Helena, Mont, Oct. 23.-Montana's
1917 wool clip is estimated at 49,
100000 pounds; 5000; BOZ pounds less
than last year. by r. A. Gray, general
agent In Montana for the Chicago and
Northwestern railroad, with head
quarters here.
THE falling off is due in large part
to the severe winter Of 1861" he
said, with the lamb crop last sprsng
cut in half" ~
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23
BEULAH A SHOT.

Beulah, N. D., Oct. 23.-Reinho1d
Miller, aged IA years, was the victim
Of a serious accident which may aus
the loss Of one Of his hands. The
lad, with several others. was working
with a shotgun and the weapon ac-
cidenta1ly exploded. The charge
struck Miller's hand and severed the
tendons. He is now in a hospital at
Bismarck.
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23
RED CROSS SHIPS ARTICLES.

Minor, N. D., Oct, 23.-The mem
bers Of the local Red Cross chapter,
recently sent a consignment Of articles
to the county chapter at Forman. The
shipment was made up Of the follow
Ing articles: Six dozen shoulder pads,
one dozen pairs of hospital bed socks.
one dozen pairs of wool socks. one
dozen knitted wash cloths, three
sweaters and two muT1ers.
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23
AN ELEVEN POINT "A

Livingston, Oct. 2T-senaror "A. W.
elk hunt In the Jackson Hole country,
brought with him an II point elk
head. This is the greatest number Of
points lever seen on an elk head In
this county, and the trophy. 10 attract
ing much attention.
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23
A CASHIER SUICIDES.

Kermit, N. D.. Oct. ga. c. Kot-
chan, cashier of the First State Bank
of his city, committed suicide by
shooting himself through the head
with a "A caliber revolver. The mar
had been acting strange for several
days but no other reason IS given as
the cause for his act.
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23
North Dakota News

greatest respect for the government Of
United States. i,
Tho officers Of the local German
Hungarian club are: Ludwig Len
hardt president: Frank r. 1.efor, sec
Rotary and Nick SAuer, treasurer.
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23
TWO HURT IN AUTO WRECK.

Mandan, N. D., Oct. 23.-w. s.
Schmidt and Harry Norton, both Of
Spokane, WASH, were injured whom
their automobile turned turtle on the
Red Trail near here. Norton was
quite badly bruised and cut but his in
juries are not considered serious.
chine, was pinned beneath it ana re-
ceived internal injuries. Physicians
say his condition IL serious.
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23
pOWEp

Cogswell; N. D.. Oct. 23.-George
w. Bale has purchased the Cogswell
Electric Light & Power Co. and an
nounces that hereafter power will b
furnished "a hours per day.
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23
Engineer Killed In
Copper Express Wreck

Chicago. Oct 2s.-Ths Copper
Chicago n Northwestern. from
Calumet and other upper .Michigan
points. was derailed today at North
field. Ill, Engineer Albert Cameron
was killed andshis fireman hurt. The
PASSENGERS escaped with a shaking
up. The1englne picked up Z crossing
plank. =
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23
BABY IN RUNAWAY; UN1NJuRED.

BABY IN RUNAWAY; UN1NJURED.
Charboneau, N. D., Oct. 23.-While
the infant child of Mrs. e. E. Fee,
barely old enough to walk, was alone
in. a buggy, theh orse became fright
ened and dashed down the road. The
animal but was not successful. After
running some, distance, che came upon
the child, toddling back toward her,
uni. jured.
Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-10-23

Herald Want Ads Bring Results
The Hood River glacier. (Hood River, Or.) 1889-1933, 1917-06-14

Boys and Girls Rompers. Devon
shire and Seersucker cloths, reduced to
S9c and SOC at Grams Fire Sale.
The Hood River glacier. (Hood River, Or.) 1889-1933, 1917-06-14
AGENCY PRESIDENT
EXPECTS Big CROP

J. B. Adams, president of the Fruit
Growers Agency and field manager of
the Northwestern Fruit Exchange, here
last week from Seattle to inspect the
local orchards, says that indications at
the present time point to normal
crop of apples of excellent quality.
4 have visited Yakima, Wenatchee
and Walla Walla," says the fruit man.
land l anticipate splendid crops in all
those districts. The Hood River crop
is normal, | find. While heavy drop
is reported in all districts, this condi-
tion will be of benefit to growers. 1t
will insure against heavy thinning
that will cost money, and the fruit re-
naming will be all the better.
Mr.. Adams thinks that the crop of
1917 will be almost as heavy as that
of last year, when the Northwest har-
vested an approximate 20,000 carloads
of apples.
While here Mr.. Adams was accom-
panied by G. A. Nahstoll, of the Office
of markets of the United States De-
partment of Agriculture, who is work.
ing on fruit problems in conjunction
with the Spokane office of the Fruit
Growers Agency.
On his return to Seattle Friday af-
ternoon, Mr.. Adams was accompanied
by Kenneth Mckay and F. W. Buff,
who attended a conference of North
western Fruit Exchange men in that
city,
The Hood River glacier. (Hood River, Or.) 1889-1933, 1917-06-14
Berry Growers Praise Their Own Fruit

G. w. McCullagh was the victim of
numerous jests from strawberry grow
ers following the "Kennewick" straw
berry dinner he gave last week at the
Mount Hood hotel. Mr.. McCullagh
announced the first of the week that a
crate of the Washington fruit district
berries would be shipped to him, and
that he would serve them at banquet
to representative local growers in cele-
bration of the Kennewick berry festi-
val held last week.
Mr.. McCullagh instructed drayman
to deliver the fruit to the Mount Hood
hotel on their arrival at the express
office. The chef had instructions to
serve them with copious quantities Of
cream.
Following these instructions Mr..
McCullagh gave the delivery of the
Kennewick berries no further thought
until the meal was in progress. A
waitress startled him by the whispered
announcement Your berries haven't
come yet, Mr.. McCullagh." Excusing
himself the sales manager telephoned
to the Association warehouse and Or
dered crate of local fruit sent to the
hotel The Hood River fruit men were
profuse in their laudations of the
Strawberries, but the secret leaked out
somewhere, and Mr.. McCullagh was
kept busy explaining. L. j. Blot.
manager of the Kennewick growers
union, in a telegram of apology, stated
that shipment of the crate of fruit
promised the local sales official had
been overlooked.
The Hood River glacier. (Hood River, Or.) 1889-1933, 1917-06-14
ASSOCIATION
WINS LAWSUIT
PLAINTIFF NOT DECIDED ON APPEAL
Etigants Await the Decision from Judge
Bradshaw on the Case Involving the
Big Surplus Fund

While the exact terms of the deci-
sion have not been announced, Judge
Bradshaw not having handed down his
formal decision, it has been authorita-
lively stated that the defendant sales
agency has won the case of the Hood
River Orchards Co. versus the Apple
Growers Association. Judge Bradshaw
notified attorneys in the case of his
informal decision on the matter Satur-
day. He informed E. c. Smith, at
torney for the plaintiff producing COM
pany, of which H. F. Davidson is chief
owner and manager, that he would ap-
ply to the attorneys for the plaintiff,
Fred w. Wilson, of The Dalles, and
A. E. Clark, of Portland, for verdict
on facts and finds and that this would
be submitted to Mr.. Smith for objec-
tions before the final decision was en-
tered. Mr.. Smith stated yesterday
that so far he had not received the
document.
AS to an appeal, Mr.. Smith stated
that the plaintiff company would make
no decision until they had the full
fomarl decision to guide its delibera-
tions.
The case, creating universal local in
terest, involves the distribution of an
$50, 600 surplus fund, an apportionment
of which the plaintiff sued for, and the
purchase of the Hood River Apple
Growers Union storage property by
the Association. The defendant sales
agency contended that the plaintiff lost
its right to participate In the surplus
by its withdrawal from the Associa-
tion last March.