davidaulloa/AmericanStories huggingface dataset:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-02-13

mittee is wrong. may vote according 10
the conception that he then has if he
really and honestly believes that he has
misconceived the law or misconstrued
the facts.
Now the law seems to some to be an
intricate and mysterious thing. But as
a matter of fact it Is not SO. The most
of US have either been on juries or be-
fore juries, and you will find that wheel
cases come in court and lawyers APP
pear on each side. there comes time
in the process of trial when the judge
gives his charge to a jury. You vii!
find in civil cases that the judge will
say: You have here on one side TIE
plaintiff and on the other side the de-
PENDANT, and the burden of proof is on
the plaintiff to prove the allegations
which he has set up in his claim. Now
the names plaintiff and defendant ara
the names that pertain most often to
the cases which appear before the
court. We have. however. another
class Of cases which are used in extra
ordinary remedies and about which
men seldom hear. One of those is nam
ed quo warranto. This case is brought
in the name of the State, here is would
be in the name Of the State of Main.
against some particular party to come
into court and show cause why he
should hold his office. Another case
which is used in extra ordinary rene
dies is mandamus. That case seeks to
put the right man In Office. Quo war;
IN &c. ha iv,<r f1o
mus puts the right man in.
Neither one of these processes does
both things. This particular case does
not appear under the category of those
extra ordinary remedies. This is case
where man comes into court and be-
fore a committee OF the Senate as /
petitioner. and he makes in his petit
tion certain claims against another
mans rights. Henry l.. Irish comes
into court as petitioner and makes
the claim that he is elected senator
from the Fourth District Of Maine AMI
that Edward #. Parent is not elected.
and there is where you have an issue
in this particular matter. and the bur-
den Of proof, as the court will lay down
to YOU or anybody else in ali cases Of
this kind, is upon the plaintiff. And
the plaintiff is the petitioner in this
particular case.
Now that being so, it is fortunate
perhaps that we have something in re-
gard to this particular case that has al
ready been tried. and the fact that the
Senate is judge of the qualifications OF
its members and is not bound by any
rules of law or any precedent will be
handled by me at little later stage of
this argument. In trying cases you
search the books to find how near you
can find a decision to the results which
you wish to accomplish. You some
times find it written by some jud2.
as, arbiter dicta in an opinion; you
sometimes find it a little nearer than
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-02-13
TAKE SALTS TO
FLUSH KIDNEYS
Eat Less Meat If You Feel Baekachy
or Have Bladder Trouble

Meat forms uric acid which eXciteS
and ovcrworks the kidneys in their
efforts to filter it from the system.
Regular eaters of meat must flush the
kidneys occasionally. You must re-
licve them like you relieve your bow
els; removing all the acids, waste and
poison. else you feel a dull misery in
the kidney region. sharp pains in the
back or sick headache, dizziness.
your stomach sours. tongue is coated
and when the weather is bad you have
rheumatic twingcs. The urine is
cloudy, fun of sediment; the channels
often get irritatcd, obliging you t. get
up two OF three times during the
night.
TO noutralizc these irritating acids
and flush off tho hody'S urinouS waste
get about four ounces of Jad Salts
from any pharmacy take a table
spoonful i'll Il glass of water before
breakfast for a few days and your
kidneys will then act fine and bladder
disorders d Sappear. This famous
salts is made from the acid of grapes
and lemon juice. combined with lithia,
and has been used for generations to
clean and stimulate sluggish kidneys
and stop bladder irritation. Jad
Salts is incApensive; harmless and
makes 4 delightful cffervescent lithia-
water drink which millions Of men
and women take now and then. thus
avodin9; serious kidney and bladder
diseases. ADV.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-02-13
THE 18TH LEGISLATURE

Continued from Page Twelvc)
not only see the committees position
but that yo,: may also determine indi-
vidualy and upon your oath of ONCE
upon the law or the duty or obliga-
ton that devoive3 upon you. sitting as
you do in judgment at this time. as
to where you believe. or who you be-
leve the rights of this matter are with.
1t seems to me at this time that I can
not add anything further for your en-
lightenment. AS a matter of argument
I presume that we shall be further en-
lightened during the morning hours.
Mr.. DEERING Of York: Mr.. Pres:-
dent and Senator'S: l have been ex.
tremely interested in the story OF the
election case as outlined by the chair
man Of the election committee. Elec-
ton cases are cases which lawyers al
ways find very unsatisfactory to argyle.
They are cases in which sometimes abb
solute and impartial justice cannot be
satisfactorily obtained. I wish to say
that during the handling Of this case
by the committee. once or twice I have
been talked to by members Of it and by
the chairman. and I desire at this time
to assure the senators that no more
earnest or honest or painstaking effort
has ever been made within my recol-
lection by any committee to arrive at
the facts which they believe to re
proper and just. I also desire to say
that I have confidence that I am ad-
dressing body of men, both Demo-
'rats and Republicans. whose only OBJ
iect in the consideration of this case is
TO arrive at place where they will
say they have come as near doing JUS
tice to Edward r. Parents and Henry
l.. Irish as is possible under the circum-
stances.
and stating further to the Senate that
I believe that Bro. Thombs has outlin .
ed the facts Of the case as well as can
be. and that need not enter upon that
phase OF tine case. desire to enter upon
the discussion, first of the law as l I'M
derstand it, which pertains to cases OF
this kind. and next to the facts which
have been adduced in evidence and pre-.
scented by evidence to this committee;
and. further than that. 1 want to saw
something about the results that will
obain if this committees report is ac-
cepted. and the effect it might have
upon cases which might be based upon
nearly the same principles.
OF course | am arguing against the
report. against the reception Of the
report of this committee composed Of
members of this Senate. and believe
shat any man on the committee or off
the committee, if he is satisfied when
have finished m.' argument. or when
tie arguments are all finished in this
"a c. that the conception Of the conf
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-02-13

spondcnt to show his title to the Of
flee claimed and occupied by him.
Attorney General VS.. Newell SIS
Maine. .76. But when the process
is instituted by th> attorney general
upon their relation OF Il private in
dividual claiming the Office held by
the respondent, failure on the part
of the respondent to prove his title
to the office does not establish the
title Of the relator. for upon that is
sue the plaintiffs have the affirma-
tive. and the burden is upon them
to maintain it."
Then he quotes some more decisions
which | will not read into the record.
and finishes with this significant para :
graph: 80 in these cases before tie
court. the burden is upon each petit
TONER to show that he was elected and
is entitled by law to the Office which
he claims"
Now that is in the beginning of the
opinion of Judge Morrill,. He states
without any modification at all that
the burden Of proo- is upon the petit
TONER That is the man that claims.
that Isl Henry L. Irish that comes inso
court here and claims that he is elect
ed, and Edward r. Parent Is not. Nov
if the burden of proof is upon Henry i,
Irish. it is for US to find out and de-
termine here whether he has sustained
the burden of proof that the law saws
he must sustain, because when You are
talking about legal decisions and when
YOU are talking about the Senate's not
being hound by any precedents, tina:
certainly does not mean that all the
experience of all the courts in the
United States and Of this state, ard
all the experience of men who max
study of these things. and all the expe-
rience of men who have gone through
the peculiar and intricate questions Of
the law-it does not mean that when
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-02-13

was rejected, the parties were RENTED
to other proof to ascertain the result
of the election in the disputed district
So in the instant cases l think that
the value of the record and return as
evidence having been destroyed, the
vote OF the entire ward is not to be
rejected. but the parties were RENTED
to other evidence. The practice Of call
ing the electors themselves to testify
has been approved even under secre.
ballot laws. the personal privilege of
the witness to refuse to disclose for
whom he voted being respected And
he cites other quo warranto cases.
Neither petitioners nor respondents
have seen III to introduce other evil
dence: I think therefore that the de.
cision of these cases turns upon a deter
mination Of the question upon whom
the burden of proof rests. The petit
TONERS say that this burden is upon
the respondents. but we have seen that
in the instant cases the burden is upon
each petitioner to establish his title to
the Office claimed. Notwithstanding the
fact that upon the vote Of the rest of
the county the petitioners appear to bs
elected. yet after the petitioners had
destroyed b. evidence Of fraud the pro-
bative value Of the record and return
in Ward and in doing SO had dis
closed that a possible maximum of 3s5
legal ballots were cast in that ward,
think and therefore rule that the bur-
den Of proof was still upon the petit
TONERS in each case to show that he
received sufficient number Of those
legal ballots in Ward 4 to give him
greater number of votes throughout
the county than his opponent. The pc.
titioners have therefore failed to show
that they have been elected and are en-
Continued on PAGE 4-Col
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-02-13

Charles e. Jellison, long eoaa'.
with the Portland post office, aa
a long time superintendent o.
riers. died Sunday night at hS
43 Avon street. Mr.. Jel!lsol1 na'S
about his duties constantE =
about two weeks ago but nau
been so i'll but what he vas ~.
go out Of doors up to last "eon,I
Since that time. however ne As
seriously ill. his death beng ="
pneumonia. He was ns'"
Portland and was son o. ~.
and Mary Paine Jellison' ia ~.
service he was the Oldest man
Portland Office. having ser'eu n
all Of the postmasters since Wv q
seventies. His acqualntan'' =,
large throughout Portland - I
survived by Mrs. JeilIsoH o.,
daughter, Mrs. Harry {. hs'~
Boston.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-02-13
Portland Death Rate

Fortiand's death rate for 1918 was
Sc per cent higher than that Of 1917,
this increase being due largely to the
influenza epidemics. The rate for the
past year was 81 per thousand and
that for 1917 was 1874. this being
based on the census bureau estimated
population of 65.573 on the first day of
last July. The number of deaths in
1918 were 1882, while there were but
1000 the previous year. The follow
ing are the figures for the different
diseases the past year. with the in
creases or decreases as compared with
l9l: Typhoid fever, 4, decrease Of Z:
measles. z. decrease Of 4: whipping
cough. 7,'incrcasc of 4: diphtheria, 5,
decrease of 3: influenza. 351. increase
OF os4; pulmonary tuberculosis. 81,
increase of 4: other tuberculosis. rs.
ncreass Of Z: cancer. 81. increase Of
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-02-13

-! go :::l H. e: =! :.; TT: ::; -
This tsiss. trset n 2 ~ = eleexe
w. .e s:;ss 81 ]: s,! ssS 49,
E &c.,. "a Z: &C.. s.: 49,. ::sa'.s3:a
b. IL av6s1ge DesooA
Ell sv' Fl 2oS e! 'fss &c oo e1s., &.o a.
Hsfff sse..s V ga r daIs.b SS do . svsnc:
III year. L 10 . standard cn.tims
bond remedy and needs no Introduction:
GOLD MODAL Harlem on 10 Enclosed
In odorless, tasteless capsules contain
iae about 8 drops each. Take them q:
You would q pill, with q swallow OF
water. The oil stimulates the kidney
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-02-13
old LACE STARTS
~ WITH YOUR Kidneys

astaea saA assbias the organs to throw
III "a cSieea0 Whieh cause premature
"a "a, New itte ana strength increase
m vSv continue the trsatma nt. When
eenpietsiy restored continue taking 4
ssoSssiS az two each day. GOLD MED
III Hsafism oil Capsules Viii keep you
ia heaifh and vigor and prevent q return
q tho disease.
DO not wait until old age or disease
h:vs settled doTn for good At the e 5ss
nroperly. 70 to your druggist and get a
box Of GOLD MEDAL HARLEM Oil
Capsules. Money refunded If they do
not help you. Three sizes. But re.
member to ask for the original imported
GOLD MEDAL brand. In sealed pack
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-02-13

only corn remedy in the world that does
Why get down on the floor. tic yourself
up into a knot. anG have to fool with
.packagey" plasters, greasy ointments
that rub off. sticky tape, and digging
off your corn or callus in one complete
piece. peacefully and surely. with
magic. simple. easy "Gets-It?" 1T
takes 2 or 9 seconds to- apply "Gets-1t":
'Gets-lt' does tn. rest. Get rid OF
that corn-pain at once. SO that You Can
work and play without corn torture T..
sure to use "Gets-it' Ii never fails.
"t;ets.It.' tho guaranteed. money
osts but tritle at any drug stors.
MID by u. Lawrence 4 Co.. Chicago.
ul-Adv.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-02-13
STOP cATARRH! opE ;Sit,,,
N0SIRILs AND Hs"
SAYS Crssm Applied in 49, o.s.
Relieves Head. Colds u Wv"


Ii your nostrils are ci'es u
your head is stuffed ana coli
breathe freely because OF ,c,t,s
catarrh. just get a snia" .,s ~
Ely's Cream Balm at any w.. ID.
Apply a little of this iras, S,ris \
septic cream into yonr no sxsry 4
let it penetrate through . Tar \
passage OF your head so ,,an n,a;1]
healing the inlamed' s"u nsta,r ri
membrane and you get ihs, Sour ~
An. how good it tees, = rsI
trils arc open. your h'd' ,,,cwirs'
more hawking. snutfiInS' s,ru.s1
more headache. dry ness r. ,,,o, IS y
for breath. El.'s Cream ro,ds
what sufferers from heao -Am|
cstarrh need. It's . qsnse
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-02-13

10: cerebral hemorrhage, 81, dsS1
Of S., organic heart disease, w
crease of %: broncho pneunolA
increase OF 10: Brights diseas
increase of 2; malformations anu n
eases Of early infancy. 81, declesl
IL: accidents. SO, increase o.
other causes. 341. increase o."
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-02-13

sick headache, dulIness, fevers''
sore throat, sneezing, serene"
stiffness.
"Pape's Cold Compound "
quickest. surest relief known
costs only a few cents at drug %]I
1t acts without assistance. tastes
and causes no inconvenience. "
accept a substitute. lns!S
"Pape's"-nothing else.-AdH
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-02-13
Don't stay stuffed up!

Quit blowing and snuffiing! A dose
of "Pape's Cold Compound" taken ev-
cry two hours until three doses are
taken will end grippe misery and
break up a severe cold either in the
head, chest. body or limbs.
1t promptly opens clogged. up nos
trils and air passages: stops nasty
discharge or nose running; relieves
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-02-13
corns Peel
OFF PainIess|y
There's Only One Genuine Corn.
PeeIer-That's "Gets.

There's only one happy way to get
rid OF any corn or callus. and that's TIL,
l'alnleSS-peel-of way. 'GetS.It' is the
Pine Bluff daily graphic., 1919-04-12
FINAL ARGUMENTS ARE ADVANCED IN
 BASEBALL SUIT

Washington, April 11-Final ar9u- ments were completed today ill the S900,000 damage suit of the Baltimore Federal League Club against organ ized baseball and after instructions have been read tomorrow by Justice Stafford, the case will go to the jury.
 Attorneys for the plaintiff spent nearly three hours in presenting the case of the Baltimore club to the ju- TOTS, George Wharton Pepper. the representative of organized Baseball. consumed only about half an hour. More than half of today's session was devoted to consultation between the opposing attorneys and ju stice Staf- ford as to the instructions to be giv- ell the jury.
 The plaintiffs counsel in the fin al arguments stressed the evidence offered with the intention of showing organized baseball to be a monopoly within the meaning ot the Sherman antitrust law and asked the jury to decide whether the Baltimore club had sustained injury through the collapse of the federal league and then to fix the responsibility for this loss.
 The offeEse requested the pury to view the case in the light of a busi- mess proposition and contenGed that the federal league had in it the seeds of death at the time the Bllti- more club was formed"
Pine Bluff daily graphic., 1919-04-12
DOCTORS SAY
 THE NEW CAL0MEL
 IS BEST MEDICINE
New Variety. Called Calotabs. Is Purified and Refined From Nau- seating and Salivating Eff fects-Me edicinal Vir-
 tues Retained and
 Improved.

According to the worlds greatest physicians and medical authorities, calomel was the best and most uni versally useful of all medicines. Medical authorities prescribed calo- mel for almost every disease and eX- plained that it was the best and surest of all system purifiers. They say that calomel cleanses the liver, stomach, bowels and kidneys and purifies the blood from all poisons making the system pure and clean so that nature can quickly restore the health.
 Now that science has purified calo- mel of all it's nauseating and danger ous qualities, the new kind of calo- mel, called "Calotabs," is even more popular than the old. As liver cleanser and system purifier Calo- tabs are more effective than the old style calomel, yet are entirely delight full in effect. One Calotab at bedtime with swallow of water-that's all. No nausea, no salts, nor the slight est unpleasantness. Next morning you awake feeling fine, with hear ty appetite for breakfast. Eat what you please and go where you please ] there is no restriction of habit ol diet or danger of salvation.
 Calotabs arc sold in original, seal ed packages, price thirty-five cents 1 Your druggist recommends and
 guarantees Calotabs, and will refund l your money if you are not delighted with them.-(Adv.)
Pine Bluff daily graphic., 1919-04-12
MILLERS FAIL TO
 AGREE ON PLAN
 TO HANDLE CROP

Ghicaga, April 11.--Onc of the larg- est meetings of the millcss' Nation al Federation was held here today but resulted in failure to agree on a plan for handling the 1919 wheat crop which, it was estimated. would be between 1,250, 0,000,O00 and 1,9CO, O0O,O90. The question of handling the crop was left to a special com mittee of fifteen members.
 Representative of 1,400 mill with a daily capacity of 100000 barrels of flour attended the 17th annual con- vention and not fewer than six plans for tha 1919 crop were submitted tut agreement could not be obtained on any one.
 Member; of the special committee include; 10. N. Kelly, Nashville, Tenn. and Frank Kell, Witchita, Texas.
 Formation of an export associa- tion also was discussed and along with the election of k. M. Kelly, ol Nashville, c. F. ruce, of New oYrk was made eXportt agent of the fec federation.
Pine Bluff daily graphic., 1919-04-12
AWAIT WILSON'S DECISION ON NEW
 STEEL PRICES
Board Will Remain Inactive Until the President
 Replies

Washington, April 1.-The gov ernment's attempt to stabilize prices and stimulate industry through the industrial board of the department of commerce now awaits on ward from President Wilson.
 Secretary Rcdfield, after two con- ferences today with Chairman Peek, of the board, Assistant Secretary Sweet, and Solicitor Thurman, cabled the president statement of the sit uation arising from the refusal of the railroad administration to accept new steel prices arranged by the board, on the ground that they were too high. The secretary asked the presi- dent to indicate whether the board should disband at once, or continue in existence until the president re- turns from Paris and a policy can be formulated.
 Director General Hines is also un- derstood to have cabled the president a statement of his attitude in the dispute and in a statement said he matter had come to the question o1 whether the railroad administration should approve prices believed to be cxcessive-a question which he hac decided in the negative.
 No request was made by Secretary Redfield for a decision on the diff ferences between Mir. Peek and MT Hines. The secretary emphatically said it was not and never had beer the purpose of the board to force an. government purchasing agency tt accept the prices arranged by it.
 Until the president replies, ths board will remain quiscent. No con ferences will be held with representa- tivcs on industry and no new prices on lumber, brick, cement, and othc1 commodities which have been under consideration will be announced.
Pine Bluff daily graphic., 1919-04-12
MONSTER CROWD SEES ATHLETIC MEET AT GYM
Many Good Events and Features Contained on
 Program.

Quite the largest crod which has .ver been in the High School gymna- sium to witness an athletic event was present at the First Annual h. door Track meet held at the High school last night under the auspices of the athletic association. It is esti- mated that five hundred people were in attendance. The meet began with a o..and march which was lead by the girls division, followed by each divs- ;sion in order, Seniors, Freshmen, and |Janior Hi. Some very pretty figures Fwas made between eventsfi Miss Kirt- l [ley's class of girls gave some speal- ties, which included folk dancing, while Miss RusselPs class gave a wand drill. A feature of the special lies was the vaulting and tumblng Of the Savin Brothers and Brown, lead by McClain who also gave some trapcsc exhibitions. In the senior division, which in cluded the senior class, the junior clas, and the sophomore class, the seniors won by score of 30 1-2 points. In the junior division, which consisted of the seventh and eighth grades, the eighth wonsby one point, the fi1al tallies being, 36 to 35. In the freshmen division, which consisted of Fresh "A" and "B", the former won also by one point, the score being 32 to 31.
 The winners: Senior Division. Standing high jump-Hamilton, Wynne, Rome, Clark.
 Standing broad iump-Wynne Me- intyre, Roma, Hamilton.
 One lap dash-Barriclaw, Toney, Hooker, Senyard, Williford, Wynne.
 Two lap dash-Toney, Senyard, Will liford, Barriclaw.
 Running broad jump-Wynnc, Toney, Mcintyre, Hamilton.
 Four lap dash--Lec, McFaddcn, Boone, Overton.
 Relay race-Won by Juniors. Wynne, with 13 1-3 points, high man; Toney II IA Second; Barri- claw, 2 IA: Hamilton 4. Junior Division. Chin up-Austin, Wilson, H. Vaught, Luck.
 ' Standing broad jump--H. Vaught, Luck, Hicks, Wilson.
 Rope climp-H. Vaught, Dietrich, Luck. Wilson.
 Ring race-Austin, Duncan. Hicks, , Moore.
 Running broad jump-H. Vaught, Luck, Hickks, Wilson.
 Relay race won by Seventh grade
 High man, Harray Vought, IS 1-4 points; Austin, 10 3-4; Luck 9 3-4; Wilson, 7 IA.
 Freshman Division.
 Chin up-Bain, Savin, Keadle, C.. Vaught.
 Standing broad jump-Johnson, Saym, Alexander, Scallion.
 Rope Climb-Baim, Keadle, Savin, G. Vaught.
 Running broad jump-Savin, Balm Keadle, McGibbony.
 kng race-ekadle, Arnett, Savin McGehee.
 Relay race won by "B" Freshmen. High man, Savin, 15 3-4 points; halm IA IA; Keadle 12 3-4; Johnson