davidaulloa/AmericanStories huggingface dataset:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-05-03
SUSTAIN EXCEPTIONS
In Case of Blaine S.
Viles VS.. Kennebec
Lumber CO. by Re-
script from Law
Court Drawn by JUS
tice Spear

Defendants exceptions are sus-
tanned n the hennebec county case.
Blaine s. Viles Of Augusta VS. the
Kennebec Lumber Co. by Z resc-ip1
rom the law court. drawn by AS
sociate Justice a. N. Spear, which
has just been received at the office
OF the clerk of courts of Kennebec
county. The case was tried at the
March 1918 term of the supreme
judicial court for Kenneoec county.
Justice Morrill, presiding. and re-
suited IN a verdict for the plaintiff
for SiS..36.22:. Hon. w r. Pattang gall
ana Herbert E Locke Of Augusta
we've attorneys for the plaintiff. and
the law firm of Williamson. Bur
IelGn & Mclean Of Augusta was the
counsel for the defendant CORPORA
ton The case went to the law court
at the December 1918 term upon mo.
ton and exceptions Of counsel tor
the defendant corporation. The re-
SCRIPT handed down by the law court
sustaining these exceptions reads as
follows:
Kennepec county. Blaine s. viles
IS. Kennebec Lumber Co.
heScr1pk, spear ).
This case IS in the form Of an ac-
ton N assuInpsit, upon an account
annexed. and a quantum meruit. with
a specification that the plaintiff would
offer N proof Of the latter count
the items and charges enumerated
in the account annexed.
The plea was the general issue.
IAfn ,-I
contract. and alleged breach thereof
and a deduction IN damages there
for. The case was tried upon the
theory % that no claim for de-
duction in damages could he made.
under the general issue: (e) that the
plaintiff could recover. regardless of
any breach of contract, what the
5 delivered were reasonably worth:
(5) that tne contract was fully per-
formed.
II should be noted that a quantum
neruit upon an implied contract and
a quantuIn neruit upon a special
contract originate and Broeeed to a
judicial termination upon quite diff
ferent grounds. 4 Quantum neruit
upon an implied contract Is not
founded upon q breach but upon con-
Ciitions and circumstances which the
law says implies promise On the
part OF the beneficiary to pay what
IS equity and conscience the services
are reasonably worth. There Is no
fixed standard to which the value Of
the services may be referred for de-
termination. On the other hand. a
Iuantum merl1it, upon special con-
tract. is founded upon the plaintiffs
breach. and the contract price ID the
standard by which the damages are
TO be estimated" Jewett v. Weston.
II Maine, page 34S. We must ac-
cordingiy bear in mind. throughout
this whole discussion. that we are
dealing with a special contract.
A special finding was submitted
upon the question Of performances.
and tho jury found in farof Of the
plaintiff. This finding took care Of
the question Of damages. provided
the finding. up0n the law and evi-
dence. can be sustained: and Of
course settles the whole case. The
essential part of the contract was as
follows: Memorandum Of Agree
ment, between Boyd & Harvey Com
pany and Blaine s. Viles. Augusta.
Maine. parties Of the first part and
the Kennebsc Lumber Company, Of
Augusta. Name. party o6 tbs sseanA
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-05-03

Due to an error it was stated in
Fridays journal the banquet served
to the members of the l.. A. e. w.
Street Railway Association Tuesday
evening was done by the Relief
Corps. The banquet was served by
the Deborah Society Of the Penney
Memorial church.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-05-03

Edward p Bickford of Co. 3, 18th
Engine e,s. son Of Charles Il. Bick-
ford Of This city. has arrived at Camp
Devens from overseas and on FRI
day received his honorable dis
charge from the service. He will re-
sumo his duties as conductor On the
Boston & Maine Railroad.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-05-03
WINDSOR

There Will ne speaking at eight
O'Clock Saturday evening IN g. A.
r. hail on the Victory Loan. Tho
speakers will be Hon Frank g.
Harrington Of Augusta ana Sergt.
William r. Hallernan Of the 9Th e.
S. Marines. Windsor has been one
of the banner towns of kennebec
county so let everyone come and
ION with the Liberty Chorus Of Cony
High school IN sangtng thu nu@D
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-05-03
Oscar Parent Of the board

Oscar Parent Of the board of
overseers Of the poor Of the city Of
Biodeford. was III the city Friday.
having come over with others IN his
car for the purpose Of committing a
patient TO the State hospital. Mr.
Parent reported that at some places
along the route they found the tray
cling very hard.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-05-03

Friends Of Dwight L. Higgins of
the First National Granite Bank. who
on Thursday afternoon underwear.
surgical treatment at his home
IS South Chestnut street, following
IN attack Of appendicitis, will be
glad 70 learn that he was reported
last evening 20 be doing we'll and 20
be as comfortable as could ne ex-
Tcc:ed considering the nature If the
operation.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-05-03

Wiilie-Paw. where are all the talking
machines mace"
Some of them are born.
Naw-Wulie. YOU set 70 hsd
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-05-03

Percy Crane, secretary of the
Maine Senate during the last Leg
isiarure. was a caller in the city
Friday on his way from Boston
where he has been for a few days
to his home IN Whiting.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-05-03

Electric cars will leave for Gar
diner. Winthrop. Togus and the Ban
gor Road after the Elks' Ministries on
both nights. Monday and Tuesday,
May and s.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-05-03

Wagner Charles Whitney Of the
Supply Company. 103rd z. s. Infan-
Try, has received his honorable dis
charge from the service and has re-
turned 10 his home at q Eastern av-
enue.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-05-03
LOCAL NOTICE

/ have returned frum New YORK
City where I have taken instructions
under the famous DR.. Otto T. Sc.lus-
ter. Gertrude e. Moore, Chiropo-
dist. .4s Water street. Augusta.
m5dlt
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-05-03

Mrs. w. E. Cross. % North Chest
nut street will represent the Hos
p1taI AID as visitor a, the Augusta
General hospital for the month Of
May.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-05-03

q. P. Reed Of Weeks Mills vas
visitor IN the city Friday ON business
and calling ON friends.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-05-03

A. J. TorsleH Of Bangor, secretary
Of the Maine Auri-tuberculosis As
-sociation. was visitor Friday in
this city.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-05-03

Miss Mary Busha of Augusta was
admitted Wednesday to the Augusta
General hospital for treatment.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-05-03

that nave been popular with the SOL
diers IN The camps and overseas
Song books will ne provided for
every one.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-05-03
Church Notices

WINTHROP st. -ET-ERSALTs-
Rev. A. Frances Naich inlnIster go
sermon or The minister; -on,c. How
-Auca Is Your Faith Worth" Sunday
scnoel al -
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-05-03

John Wilcox u Windsor was
caller n The city Friday Tor i few
hours on matters II business
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-05-03

BonsaII
Cast drocas The Yellow Fron.
Cream of Wheat, pkg.
:. :. :. :. -. I'D
Not "a Seed Raisins,
>. .. Is pkg.
Pllsbury Best Flour,
:. .. >. SITS bag
Nice Light Molasses,
:. >. SIS gal.
Primes, Large and
Sweet, .. >. 20 lib.
Fresh Cukes, Is
5-lb. Pail Compound,
=. :. :. :. :. $l.N
La Touraine Coffee,
=. :. =. :. =. 40 Ib.
Milk Crackers. lib. 20
Saltines, b. >. .25
Palm Olive Soap, ) bars
:. -. ~
Large Cans Pie Apple,
.. As
SPECIAL TO-DAY
) Pigs. My-T-Fine, %
3 Pkgs. Cream of Rye,
:. so
10 lbs. Sugar .95
2 Cans Hersey's Cocoa,
...... *. .35I
,aayad,t
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-05-03

Ny ard Mrs r. L Besse were in
Albion on THURSDAY 10 attend the
funeral of Mr.. Bosses nephew, Bion
T~ask.
Arizona republican., 1919-09-20
CALIFORNIA; FIRST OIL WELL
(From the Petroleum Record )

NrTom the Petroleum Record.
 The first known discovery of petro- leum in California was made in 1865, by Mexican hunter, who had followed a deer trail to the head of Pico Canyon in Los Angeles county. near the pres ent town of Newhal
 He came upon a seepage of sticky fluid that was unknown to him, Prompted by curiosity he collected a small quantity of it and took it to the Mission Settlement at San Fernando. There Doctor Gelsich, who had for merly resided in Pennsylvania, iden- tified it as petroleum and at once formed a company and staked out claims. In 1870. a shallow well was drilled at the head of Pico Canyon, and is said to have produced at the time of drilling between seventy and seventy-five barrels of oil per day.
 About this time D. G. Scofield formed what was known as the California Star Oil company Later the Pacific Oil company was formed, and the two companies were operated under the same management-C. A. Mentry being field superintendent, and MT Scoffeld vice president and general manager
 The old well is today the property of the Standard Oil company Of Cali fornia, and stands as the first and oldest well in the state. It has never been a prominent factor in Californi's great petroleum industry as it is known today, but while hundreds of wells since drilled haven't even a derrick left to mark their location, NO. A." as it is known, is still alive and still producing.
Arizona republican., 1919-09-20
TOWN TOPICS

HERE TO VISIT FATHER-John Dean of Chicago, arrived in Phoenix yesterday to visit his father, Alexander Dean, of the Panama cafe.
 ARRIVES FROM NEW YoRK-O. B.Stanton, New York capitalist, arrived in the city yesterday on business and is registered at the Hotel Adams.
 HAYDEN COUPLE VISIT HERE MT. and Mrs. G. M. Sabean, of Hay den, arrived in the city yesterday and are stopping at the Jefferson hotel.
 ARRIVES FROM LONDON, ENG l LAND-M Mackenzie Sniff of London, England, arrived in the city yesterday and is stopping at the Hotel Adams.
 WISCONSIN MAN IS VISITOR Leon Coleman, of Kenosha, Wisconsin, arrived in the city yesterday on busi- ness. He is staying at the Hotel Adams
 FLAGSTAFF VISITOR ARRIVES T. C.. Frier well known man of Flag staff, arrived in the city yesterday on business. He is stopping at the Hotel Adams.
 LOS ANGELES MEN HERE-Los Angeles guests at the Jefferson hotel yesterday included M. NJ. Hayes, H Dallman. c. M. Tynan, F. A. Lindlof and w. E. Staley.
 ARRIVE FROM SAN BERNARDINc -J. Dale Gentry and W. E. Vardy, of San Bernardino, California. arrived iI the city yesterday and are stopping al the Commercial hotel.
 PRoMINET CALIFORNIAN IN CITY-John D. Quinn. capitalist of Antioch, California, arrived in the city yesterday on business. He is staying at the Hotel Adams.
 SUPERIOR BUSINESS MEN HERE pr. F. c. Perkins, R. T. Jones and J. c. Denton, well known men of Su- perior, arrived in the city yesterday and are stopping at the Hotel Adams
 SECRETARY OF STATE RETURNS Nit Simms, secretary of state, has returned from a trip of four or five days over Gila and Graham counties, his home territory. He reports condi- tions good.
 LAND OFFICIAL IN ToWN-w. J Taliaferro of Topeka, Kansas, assist ant to Howell Jones, Santa Fe lant commissioner, arrived in the city yes terday on business, and is registered al the Hotel Adams.
 HERE ON COURT BUSINESS Judge O. J. Baughn and Judge W. Prouty, members of the San Carlo: committee. arrived in the city Thurs day on court business. They are stay ing at the Commercial hotel
 ENGINEER IS VISITOR - W. M Ledbetter, head of the engineering firm of W. M. Ledbetter and company Los Angeles, which is building thu lower Arlington dam arrived in tn, city Thursday evening. He returned tC Los Angeles last night.
 MOVE INTO CAPITOL ADDITION --The insurance department of the corporation commission. and the state sealer of weights and measures. have moved into the new addition to the state capitol. They are located on op- posite sides of the main corridor or the ground floor, next to the offices to be occupied by the attorney general
Arizona republican., 1919-09-20
FIRST INDICTMENT E
 MADE BY GRAND JURY

The first man to be indicted by the grand jury was Harry Bechtel, against whom true bill was returned yester- day.
 Bechtel. who is a farmer near Gil- bert, is indicted for disposing of intox- icating liquor. He has furnished $1, 900 bond.
 It is understood that there will be several indictments for similar offenses, while the gambling investigation will result in even more defendants being haled into court The members of the grand jury refuse to make any state ment, only to say that their work is not yet completed and will probably go over another week.
 The jury stood at recess yesterday and will not meet again until Monday morning.
Arizona republican., 1919-09-20
Japanese Bride Learns To Kiss
 Like In America

Explaining that it was the not custom of his people to kiss, Kame- hishi Komatsu hesitated when the officiating clergyman suggested that he salute his bride.
 kijoko Okamato appeared more willing to adapt herself 10 the American fashion and blushlnsly offered her lips to her new husband who cooIIy carried out the order. While he showed practically no enthusiasm, neither did he exhibit any dislike of his experiment, and the pretty bride admitted that she enjoyed the moment.
 kijoko's father, too, seems to have acquired American manners, for he appeared in the office ot the clerk of the court yesterday, and his language was not that ot the fIowery and polite kingdom from which he comes, when he learned that his daughter had not only procured license, but had married.
 "She slipped one over on me, but she's of age," he said.
Arizona republican., 1919-09-20
CARRY JOKE TOO FAR,
 ALSO JERRY's AUTO

Its all right to joke if you don't go too far" says Jerry Sullivan, con- stable of the west precinct, who here after will measures all jokes by dis stance. Constable Sullivan declares that it would have been joke if tho person who borrowed his car Thursday night had returned it to its former parking place, but that it was no joke to leave it several blocks distant. The genial officer almost lost his reputation for humor because of the anxiety caused by loss of his machine which he failed to find until early Friday morning. Every police officer and deputy of the sheriffs office was personally notified by Jerry of thc missing car and no raid in Phoenix ever found officers more active.
 The ice cream sodas were all on the constable yesterday.
Arizona republican., 1919-09-20

Wanted woman for housework; small house. simple cooking. no washing. Only myself, little girl and my sister who cares for my little girl, in family;
 in Glendale. Phone or write R. F. Stauffer. Glendale. dg
Arizona republican., 1919-09-20
ENDORSED NOTE; HAD
 ID PAY; N]W HE SUES

Charles Korrick yesterday instituted court proceedings against Mir. and Mrs. I. Wolpe and E. A. Sawyer for s1,366,67, the plaintiff having endorsed a note made by Wolpe to Sawyer and later ne- gotiated by the later for it's face value to the National Bank of Arizona.
 According to Korrick, Wolpe made a promissory note payable to Sawyer and as an accommodation to both men, Kor- rick endorsed the note without conside- ration. At it's maturity the bank pre- scented the note to Wolpe, and when it was not paid, MT. Sawyer was given due notice. It is alleged that Sawyer, subsequent to the date the note was due, promised the holder he would pay, and when he failed to do so it was paid by MT. Korrick
Arizona republican., 1919-09-20
Wanted the names of all parties who

Wanted the names of all parties who have paid money to Robt Mitchell F. W. Weego. c. l. Majors, F. E. Lank- ford. or Casey or W. T. Roberts and amounts for the purpose of organizing an oil company and paying for a lease in Iowa Park, Wichita county, Texas, 40 acres. Owing to absence of some of the solicitors, we wish this information immediately. Answer by letter. wire or phone w. T. Roberts, Sec and Treas, 401 W. Washington-Adv. ak
Arizona republican., 1919-09-20
1lB FE1lrs1 TskpE g 'siQ,s ss9, couaclO >sE1SKIN
WATER REPORT SEPTEMBER 19
WEATHER FORECAST

Arizona-Saturday and Sunday gen erally fair; rising temperature north east portion.
 Saturday and Sunday fair Not much change in temperature.
 New Mexico-Saturday and Sunday fair. Rising temperature.
 Southern California-F'air.
Arizona republican., 1919-09-20
WOMAN 5 CLUB ID
 A|D CLEANUP DAY

A committee from the Womans club will confer with the mems committee in making Cleanup day in Phoenix pro- nounced success.
 Mrs. James Griffin, president of the Woman's club, yesterday appointed Mrs. Joseph Stark as chairman, Mrs. Thomas E. Campbell and Mrs. Henry D. Ross as representatives of the club to attend the conference for the big clean up on October g.
 The Woman's club has been behind every worth while movement along the lines on which the committee will work and will lend its best effort in the pres ent campaign, it is promised.
Arizona republican., 1919-09-20
Local Weather Yesterday

none. Excess in temperature since the first of the month, IS degrees. Accumulated deficiency in tempera- ture since January 1, 5S degrees Normal precipitation January 1 to date, 5.5S inches.
 Actual precipitation January 1 to date, 5.S1 inches.
 Excess since January 1, 0.23 inch.
 ROBERT Q. GRANT.
Arizona republican., 1919-09-20
FLOWERS

For all Occasions. Fresh daily. Ex- pert. up-to-date service. Latest ideas. esht21a esIs2.l ,ors s.Vs@asy Co, ss'0 $ E
Arizona republican., 1919-09-20
FLOWERS

FLOWERS
 For all occasions. Fresh daily. Ex- pert.' up-to-d date service. Latest ideas. Arizona Seed and Floral Co., 2S-3o s. Central Ave. Phone 4403.-Adv. If
Arizona republican., 1919-09-20
URGES PURCHASE
 OF CEMENT PLANT

MESA, Sept 20.-The Mesa com mercial club last night at a meeting called to discuss the proposed pur- chase of the cement plant unanimously passed resolution asking the board of governors of the Water Users as- sociation to call an election to amend the articles of incorporation so as to make possible the purchase of the plant.
 The resolution also declared the club in favor of the purchase of the ce- ment plant, more than half of those present being members of the Water Users association.
Arizona republican., 1919-09-20
OBITUARY
J. w, Wriuht

J. W. Wright died at the home of his daughter, Mrs. C. c. By, Thursday at 8 o'clock p. m., after a short illness. Besides Mrs. By there survive his wife, two sons and another daughter, Mrs Louis Ott.
 Funeral services will be held this aft ernoon at o'clock at the home of Mrs. c. c. By at 59 West Oak street. Rev. Hawkins of Miami will officiate, assist ed by the Phoenix lodge Woodmen of the World. Interment will be at Green wood cemetery.
The Dawson news. (Dawson, Ga.) 1889-current, 1919-12-30
'EMBEzzLER GIVEN
CROIX DE GUERRE
WAS ONE OF a. MEN LEFT OF
1900 MARINES WHO WENT
THROUGH THE ARGONNE.

BOSTON, Mass.-How Arthur E.
Abbott, long wanted as a fugitive
from Justice for the theft of SIS, 900
from the Federal Trust company of
this city, enlisted in the marines and
as Sergeant VIM. H. Haskell, was cit
ed for brilliant war service, was dis
closed today when it was announced
that he had been set free on proba-
ton by the district attorney and that
he had received the Croix de Guerre
officially under his right name.
Abbott, who was employed as
bank bookkeeper at $40 week, DIS
appeared in the fall of 1917 after
the bank loss became known and 1t
was learned that he had been living
like a man of wealth and leisure away
from his family. He evaded a nation
wide search for him and enlisted IN
the marine corps at New Orleans as
Haskell and went overseas with the
Sixth regiment. He was one OF the
"A men left of the famous 1900 ma
rines who went through the Argonne.
He was cited for bravery after cap
turing a machine gun and nine prls-
oners near Vierzya on July 10, 1918.
After receiving an honorable dis
charge last January he immediately
re-enlisted again as Haskell. he was
detailed aboard the United STATES
States ship Dolphin, in July and or
dered to Portsmouth, N. H., where
he was recognized and arrested.
The Dawson news. (Dawson, Ga.) 1889-current, 1919-12-30
new W. & A. LEASE
STARTED SATURDAY
N. C.. & ST. L. WILL PAY STATE
$45,OOO A MONTH FOR FIFTY
YEARS FOR USE OF ROAD.

ATLANTA, Ga.-At II o'clock
Saturday the state of Georgia's lease
of the Western and Atlantic railroad
to the Nashville, Chattanooga and st:
Louis railroad came to an end and
the state took the road back and gave
the lessee a receipt for it, together
with an acknowledgement of the per-
Torrance by the lessee of all the OBJ
legations of the lease contract.
Immediately thereafter the new
lease of the road to the same lessee
went into effect.
The new lease requires the lessee
to deposit 100000 of bonds, either
state of Georgia or the United States.
The Dawson news. (Dawson, Ga.) 1889-current, 1919-12-30
THE MOST

A.. or1ar. ~ the human body are 20
iTRNsSsn'W When hey slow Up ana e ot
mencs to lag in their duties . l20T 5 ogs
Find out what the trouble , Eel iSI nervous,
osasyS sizzy suffer from sleeples,snss,,s,,,
Of o Mes Fecr kidneys reed help. These lliS
are sig signs to warn you mat . your f, nc
neys are not performing th oIIv half
items sSsns p fSeiP Work and are allowing i'm
o oU " to accumulate and he con 1'.o,s
ID into uric acid and other other i poiSv vii
which are causing you , q,s.Fe aTe driven
destroy you unless
from your system
The Dawson news. (Dawson, Ga.) 1889-current, 1919-12-30
BT BRIDGE HAS
BEEN SET IN PLACE
ENGINEERING
IT ACCOMPLISHED. BAS-
liz ON CHICAGO RIVER.

CAGO, Ill.-A new single leaf
/ bridge spanning the Chicago
1t Sixteenth street was set in
b today, marking one of the
husual engineering feats in his
|he work of building it has been
way for two years. Leading en-
ing experts of this country and
entatives of Chicago civic or
tions were present to see the
ton bridge swing into position
pressing of an electric button.
los second the great structure,
pgest and most unusual bridge
type in the world, can be raised
pred. When pointing upright it
above the tallest skyscrapers
4 city. 1t measures 260 feet
IS land line, or base, to its end.
bridge is for the St. Charles
se, short section of railroad
I'd by the Illinois Central and
jointly by it and the Burling-
2e Northwestern and the Michi-
entral railroads.
Rnced by two slabs of concrete,
as wing CONFERENCE.-The" the
is so arranged mechanically
can be held rigid in any posi-
flther at rest on the ground
ng the river, erect in the air,
slightly elevated angle.
than 100000 was expended
ding the bridge.
salient factor which engineer
mad to cope with was the ne
Of building the bridge for pos
ater removal from it's present
=, TO a point 400 feet to the
lhS required that the bridge
constructed that it could be
completely around. This was
al because of the fact that the
Oh OF Strengthening the channel
Snlcago river is expected to
'l!nln a few years. The propos-
river channel would cross the
asdeS line about 400 feet to the
the present river channel,
meet this emergency the de-
Ol the bridge proposed a span,
nnally was adopted, providing
hlng the bridge through a hor-
angle of 100 degrees and NOV
westerly 400 feet, so that when
kSI channel is completed it will
ne river at the point desired.
structure was built by the I'LL
ehtrall Railroad Company I'M
Il erection of A. S. Baldwin,
thlet engineer and now vice
| |enI, and F. L.. Thomas, present