davidaulloa/AmericanStories huggingface dataset:
Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1922-06-09

sraing company whose duty with re-
,;ard to water extended no further thar
to fairly distribute the supply avaii-
able among the respective users. This
contention cannot prevail for the rea
son that the contract imposes upon 1t
obligations entirely outside those OF
the holding and operating company
The fact that under the contract 1t
had the duty of temporarily control
ling the operating company could not
have the effect of excusing It from
the performance of the obligations of
the contract entirely outside of and
beyond those of the operating COM
pany. Besides the contract cy.-t2ins
this provision:
"But the second party hereto nor
the Big Wood River Reservoir and
Canal Company, Limited, cannot in
any manner control any OF the said
system so as to limit the liability of
the second party under the terms OF
this contract"
The views herein expressed render
II unnecessary to discuss at length the
errors assigned by appellants The
drouth pleaded by respondent consti-
tutes no defense to the action and the
element OF negligence does not enter
into it, The shortage Of water for the
year 1915 is admitted. and If the case
is tried again there remains nothing
for the court and jury to do but to
hear evidence as to the damages sur
fered and fix the amount thereof The
trial court VIII thus have no difficulty
on a second trial in avoiding the err
rors complained of.
The judgment is reversed with costs
to appellants.
BULGE, j.. concurs.
RICE, C. j., (Concurring) I concur
in the result. l place my concurrence
upon the provision contained in the
state contract as follows:
while the party of the second part
shall retain control of said Big Wood
River Reservoir and Canal Company
Limited. water shall be measured and
be available for use within one-half
mile of the place of intended use and
in such quantities and at such times
as the condition Of the crops and
weather may determine. sss'"'. By |
this provision l think respondent |
agreed to perform a definite service, |
for breach of which it is liable in |
damages
I have not been able to reach the |
suggested by the opinion /
of Justice Dunn. that an action such I
the one at bar would lie against re-
spondent, for failure to deliver water
after the control of the operating com
pany passed to the land owners under
the system. BY the contracts In evil
dence the construction company I'M
dertook to sell to the entrymen def
mite water right. II there has been
breach of that contract, I am inclined
to the view that damages therefor
must be recovered in single appro-
pirate action for that purpose.
MCCARTHY, j., concurs in the con-
curing opinion.
Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1922-06-09
GOVERNMENT INSURANCE WEEK

For the purpose of urging every
World War Veteran of the Pacific
Northwest to reinstate his war risk
insurance, the United States Veterans
Bureau has proclaimed June II to II,
inclusive, as Government Insurance
Week" The quota set for Shoshone
Is $4,000, according to word received
by the local post of the American Le-
gion The campaign has the endorse
ment of the state department Of the
Legion and Norman W. Engle, north
west representative of the national
organization. Five $4,000 insurance
reinstatements would fill the quota
here.
Application blanks and information
for government insurance reinstate-
ments and the amount to be paid may
be secured from the local adjutant Of
the American Legion.
Government insurance is not only
of protective value to the war veteran
but is a good investment as well, be-
cause Of the increasing amount OF
dividends paid.
The ladies' Auxiliary of the Ameri-
can Legion is urged to assist MEM
bers Of the local posts In making the
insurance drive a success here.
Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1922-06-09
SHRiNERS BEWARE

The Shriners special train from
Boise to San Francisco will pass
through Shoshone Friday evening.
June 9Th, at ASS p. m. FL Korah
shriners will be on this train. John
Bailey issues this caution to shoshone
Shriners.
Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1922-06-09
fNsYDETIREs

VIII save your old tires and add
adjusted. Prevent punctures in new
tires For sale by H. H. Turner, Die
trich, Idaho.
Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1922-06-09
CARD OF THANKS

We wish 10 express our thanks to
our kind friends and neighbors for
their sympathy and assistance during
our bereavement over the death OF
our infant son. Warren Russell
Mr. and Mrs Joe serpa.
Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1922-06-09
OPENS MATERNITY HOME

DR. Deane has opened his home for
limited number o. maternity patients
where unusual Accommodations viii be
given the patients Mrs Deane is .
trained nurse OF Wide experience and
none but the nose sl<ilifuI and sx-
perseneed nufses are a. be employed
rr~.il-r--
9he " - Nagh1 fmily moved 20
Jerome MS veok 81 Wright having
been Transferred from iho management
" ihe p q Penney siors hers 20 ihe
oee 40 lerowe no hpalness clfelee
~ shoshono l0ff 2 fiuanls member
a. a. WusN ana t|s aaelal elgelee
~ fhoshpne nN greatly mias MIS-
WllRhl sna hef accomplished aepkh
iaif
Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1922-06-09
TORON (No-Rof) WATER
PROOF FABRIC

Toron (noro Waterproof Fabric possesses much greater
tensile strength This strength is evenly distributed.
Toron fabric only prolongs the life of tires
but spare tires and tires
gong cad Tires idle throughout the winter good the
spring as they in the fall The Toron
fabric and rubberaganst the different
Thousands these are making
Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1922-06-09

going ing that hcywhldo Seconds acicIein
uagasts neluser
oasis
Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1922-06-09

ten contract, adds nothing to the force
thereof. II IL be considered as an at
tempt 10 show an independent con-
tract binding on respondent, II Is in
sufficient Tor the reason that no con-
siderntion therefor is shown.
Respondent attempts 10 bring itself
within the rule applicable 10 con-
tract which shows upon its face that
the parties had IN contemplation that
the fuliillment OF the contract should
depend upon the existence OF a par
ticular person or thing at the time
fixed FOR funnlnent. This contention
Is without merit. There was In this
case contract 20 supply a certain
amount 81 water Tor irrigation While
the contract mentioned the fact that
the water would be taken from cer-
tain streams. the obligation 70 supply
the water would have remained even
4 the supply from said streams had
totally failed. IA order 10 obtain the
contract Win the state, respondent had
10 give assurance ~ lis ability 90 sup
ply water 90 settlers Ia SUFFICIENT guam p
'iiY ~ reciaim their lands ang ln this
way necessarily stated me souroe and
amount 81 iis water supply Thsre
Ras pc special virtue IA me water o.
fis Wood RiYsF ~ Aalad River thaf
made ths hlnllmeni ~ the eonfgaol
depfna pppp fne continued nF|aianop
~ the supply Dom lhsss sigfaus b.
llai Would hafe etp4Hsa slihsl lauy
ip pNf contract non pefforuan0o on
lhe wouna ~ sApfiaai n 900 silDama
l'fspoaa'ni AiiNMnil i0 lmH |ls AZ.
Hll'if AZ ihAi ~ iaf NaI4'nF soi ~
Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1922-03-29
PLOT TO AssAssINATE
RUSSIAN SOVIET DELEGATES

Riga. March 2s CBy the A P0.-Dis-
covery>of what the secret police describe
as well organized plot 10 assassinait
the Russian soviet delegates TO the Genoa
conference while passing through Latvis
resulted in a large number Of arrests to-
day. Among the principals Of the alleged
plot were several Russians who wers
said to belong to a monarchist movement
making its headquarters in Germany
It was owing to discovery OF plotting
against the soviet delegates that the
Let's. who granted safe conduct to ths
Russians, decided days ago to guard the
delegation carefully
roundup of ''whites'' and othsrs
active in anti-bolshevik organizations
was begun Sunday. Among those taken
into custody was Princess Lieven. tha
wife of a general in the army of the
Russian emperor who served later with
General Yudenitch. and several other
women considered by the police as agi-
tators. 1t is announced by the police
that the princess and many others Of the
suspects will be released as soon as the
delegates have passed.
The Lettish officials announce their de-
termination to prevent, If possible. any
attempts at violation of neutrality, and
that the soviets will be given all the
protection within their power. Owing 10
the discovery Of the plot the time Of the
expected arrival of the Russians will be
kept secret.
Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1922-03-29
PRESIDENT BREAKS GROUND
FOR THE GEN. MEADE MEMORIAL

Washington, March 2S.-President
Harding stood bareheaded in the rain to-
day in the national botanical gardens just
west of the capitol and turned the firsl
spadeful of earth when ground was brok-
en- for the memorial to Major General
George Gordon Meade commander of the
victorious Union army at the decisive bat
tie of Gettysburg. Secretary Weeks,
Governor Sproul of Pennsylvania. Senator
Brandegee, of Connecticut, member of the
memorial commission; George Gordon
Meade, grandson Of the, Union leader, and
George Gordon Meade, Jr., great-grand-
son, as well as Lieut.. General Nelson A
Miles, participated in the ceremonies
The president was accompanied by Mrs.
Harding and the chief justice OF the
United States and Mrs. Taft.
The spade used by the president in
breaking the ground was used in begin
ming work on the Lincoln and Arlington
Memorials. A detachment of the Third
Battalion, Sixty-fdurth Infantry. from
Fort Washington, served as a guard of
honor.
Secretary Weeks, as chairman of the
commission, which was directed by con-
gress to supervise the claiming and con-
struction of the memorial declared in a
brief address that it was mot out of
place to use General Meade as an Illus
tration of the. value of having in the reg
ular army trained officers, even if they are
not engaged in strictly military activities
during much of their service"
The secretary added that the regular
army furnishes q storehouse of material
which always has and always will pro-
vide for the necessities Of the government
| in time OF need and without which the
early days OF any war would necessarily
rasaI1t ir, untold uncertainties and perhaps
disaster" --~-s------
'sThfs is lesson we should not forget
today" he declared. "and has direct ap'
plication to any material reduction In the
number of regular army officers.
| Governor Sproul asserted that Genera
| Meade was by ancestry. training. educa
| ton and citizenship, Pennsyfvanian ant
| probably the most conspicuous ffgur'
from his state in the history of the Cfvi
war"
| General Miles reviewed the military 1if
of General Meade and asserted that h
| never received. Just recognition for hi
great achievements"
Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1922-03-29
MISS OLIVIA W. P. STONE
DISSATISFIED WITH COUNSEL

New York, March 2S.-Edward ].
Reilly, counsel for Miss Olivia w. F.
Stone. registered nurse, who is on trial
in Brooklyn for the murder of Enis Guy
Kinkead, former corporation counsel of
CineinnatiJ today asked Supreme Court
Justice .AspinwalPs permission to retire
from, the case, asserting his client was
dissatisfied with his work.
Justice Aspinwall refused, saying Reil-
ly had shown complete familiarity with
the case, and adding "the laws Of the
state cannot be set aside by the whim of
a defendant"
Miss Stone, who had wept continuous
ly as her jury was being selected. was
then told by the court that she must
listen to the advice Of her counsel. and
a few moments later Assistant District
Attorney Warbasse began his opening
speech to the jury.
He related how Kinkead had become
III in the west from overwork and went
to Atlantic City, where Miss Stone was
his nurse.
After time" he declared. she made
claim Of breach OF promise and she
took the. position she was married to
him"
Mr.. Warbasse SAID that as Kinkead
| regained his health his interest in the
nurse ended, and he asserted she went
to Cincinnati. bought a revolver and
later came to Brooklyn. On the evening
Of Aug. 5, he charged, she followed him
| to his home. and killed him.
The defendant wept continuously, hel
sobs at times verging on hysteria.
| The trial will be resumed tomorrow.
Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1922-03-29
Premier Of Canada
Not a PrOhibitiOniSt
Tells Prohibition Advocates
Z He Favors Temperance in
Everything, Not Prohibition

Ottawa, Ont, March 2S.-Prohibition
advocates today called. on Premier King
to make all of Canada bone dry.
The premier promised that the sugges-
tion for a Dominion-wide measure to
suppSant provincial liquor laws would
receive careful consideration by the cab
met, but that no such measure would be
introduced at the present session of the
house of commons
Explaining that his ministers had had
hardly enough time to familiarize them
selves with their problems the premier
added that, for his own part, he did not
favor prohibition, in anything, although
he favored temperance in everything. He
assured the delegation that waited upon
him that the government would do
everything it could to foster the tenn
perance movement and in assisting the
provinces to enforce the laws as they
now stood In considering. any measure
to ban the manufacture, importation and
expectation of Intoxicating 1iquars in
Canada The premier indicates that a
careful study would be made of how the
experiment was working out in the
United States.
The delegation was headed by J. 3
Carson of Montreal, president Of ths
Dominion alliance of Canada.
Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1922-03-29
DEFENSE OPENS IN THE
RENALDINO MURDER TRIAL

Hartford. Conn. March 2s.-The STATE
rested its case this afternoon in the trial
of Joseph Cianfione, Of West New York.
n. J., and Michael Rugiero Of New Brit
ain, charged with the murder Of Enio
Renaldino IN Pennington on. October 25,
1920 The defense then began the pres
entatien of testimony. Indications wers
given that an attempt will bs ra'aS= :, -
prove that Cisnfone- n@9 m SeW
at the firae Renaldino met his death.
The court room was crowded. and dep
uty sheriffs had to clear the corridors OF
the county building 50 that persons con
nected with the case could get through
The states closing testimony was given
by state policemen. physicians. and otn-
ers. Andrew J. Richardson. former De-
tective-sergeant in New Britain told oi
his arrival at the place where Renaidi-
nos body was found The medical ex-
perts testified that it would have been
impossible for Renaldino to have shot
himself.
Mrs. Joseph Cianhone. testifying fo1
the defense. said. her husband was az
home on the night Of October "a. 1871
Thev lived on Third avenue, New York
| at that time and she said she remen-
bered the date and that they went 70 a
neighborhood party that night The fol
| lowing dav. she said. her husband leti
| for New Britain on a motor truck She
said they were married nine years aga
and have two children.
| witnesses. for the state testified last
week that they saw Cisnfone IN New
Britain on October - and 25. 1890.
Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1922-03-29
BrrTER FIGHTING AGAINST
THE ALBANIAN GOVERNMENT

Paris, March 2S.-Bitter fighting and
much bloodshed characterized the recent
instruction of tribal groups against the
Albanian government, according to des-
patch received in Paris today from Tier
ana describing the rebellion. The whole
population OF Tierana fed from the city
in terror. said the despatch.
The junior Red Cross elementary
school, which is supported by American
children, was seized by the insurgents
and used as their main position. The up
per floor and walls suffered severely from
bombs and rifle fire.
Only prompt action by Ambrose Kelly
director OF the school, who hoisted the
Stars and Stripes over the building While
the battle was in progress, saved it from
destruction. Nj Kelley despatched an ul-
tinatq1rn to the chiefs Of both sides saying
thew would have oanswer to the unite6
States government for any damage they
did. Parleys then ensued between the
conIbatants, a truce was signed and peace
was restored.
Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1922-03-29
TRANSPORT BRINGING THE
LAST BODIES FROM FRANCE

Washington, March 2S-The army
transport Cambria, on her arrival tomor-
row off NV York from France with the
bodies of the last of the American dead
to be returned to this. country, will be
met by the cruiser Tacoma, which will
escort the transport to- the army base
at Brooklyn, where special ceremonies
have been arranged to mark the occa-
sion.
The. war department suggested to the
navy department that there be naval
participation in these closing scenes in
the task of bringing back the dead from
France and Secretary DENLY today is
sued orders detailing the Tacoma to es-
cort the transport and render full naval
honorA to the dead
Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1922-03-29

Washington, March 28.-Five hours of
debate on the naval limitation treaty to-
day revealed a virtually unanimous SEN
ate sentiment in its favor and resulted in
an agreement to vote finally upon its
ratification at p. m. tomorrow.
Throughout the days discussion not a
single voice. was raised in opposition al
though from the democratic side there
were numerous expressions of disap-
pointment that the treaty did not go fur
ther in the direction of both land and
sea disarmament. Claiming a share 81
credit for the reduction actually accom-
plished the democrats at the same time
sought to show that the whole idea of
an armament conference originated with
the democratic congress of 1916 and fl
nally was forced upon a reluctant re-
publican administration.
Tonight the administration leaders
were predicting that the ratification
would be unanimous and that the sub
marine and poison gas treaty would be
approved by a like vote before adjourn
ment tomorrow night. The sudden sweep
of progress aroused hope In some ad-
ministration circles that the two Chi
nese treaties might also be ratified and
the whole group of arms conference
covenants returned to the White House
with senate approval by the end of the
present week.
Debate on the naval treaty, which be-
gan with today's session. was devoid of
the colorful touches which had charac-
terized the fight over the four-power
pact. aenator Lodge of MASSACHUSETTS
the republican leader, explained the
| treaty's provisions in a detailed state
| ment of more than two hours and later
I, Senator Underwood Of Alabama. floor
leader for the democrats. and like Sen
ator Lodge. a member of the American
arms delegation, added his approval in
short speech declaring the treaty would
be accepted as an epochal achievement
/ by the American people regardless Oi
party.
Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1922-03-29

tightening answers regarding the frau
dulent character of the defense"
He scoffed at the alibi that Rickard
left his sick wife on the night of Nov
ember IL to go to Madison Square Gar
denbecadse a dance was being held there
since he had subordinates to take charge
Of that affair.
Does it seem the probable, the nor
NAL thing?" he asked that Richard
would have left the sick bed of his wife
to watch lot of fools doing the light
fantastic?"
AT 6 n. M. when five minute recess
was taken, Pecora who had been sum
ming up since 40. said he likely would
talk more than an hour longer The
jury then was to go to dinner. returning
afterward to receive the courts charge.
The assistant district attorney COM
pleted his summation shortly alters o.
clock tonight by urging that a conviction
would protect society from moral lepers
like George L. Richard" Referring to
Rickard as professional gambler, and
a "Hcentious character" Pecora asked If
it was an exaggeration to say that in
putting forward his aIibi Rickard would
lie to save himself.
When Pecora had ended his argument,
the jury was given an hour for dinner.
would require more than an hour to @rde-
liver his charge, indicating that the case
would go t0 the jury between 10 and II
o'clock tonight
Charge by Judge.
Justice Wasservogers charge to the
jury consumed one hour and 33 minutes
and at request of both Richards counsel
and the prosecutor he made certain ad-
ditions clarifying the testimony.
He told the Jury there was no evidence
regarding Richards alleged relations
with Constance Henry in Nevada or that
he had cheated at cards, and that they
were not to assume deductions from
questions asked Rickard under cross ex-
animation. He also advised the jury that
they should vote for acquittal if there
was reasonable doubt in their minds.
In reference to a point raised by AS
sistant District Attorney Pecora, Justice
WNsservogel told the jurors that if they
believed the albi had been false, they
might infer guilt provided they believed
the truth Of what the girl had said.
He specifically instructed them not to
draw an inference from the statements
of Max D.. Steuer.- Richards lawyer that
with Steuer on the night of January %.
This was the night Rickard was sup
posed to have taken the girls for ride
and had warned them not to say any
thing.
The Jurors were warned that II they
found a witness had wilfully. testified
falsely on material facts, the testimony
was to be disregarded. The justice also
told them that they were to decide
whether after Richards arrest he had
sent for Herman Berch. the apartment
house janitor either through concern
over his liquor. as he testified, or be-
cause he was more concerned at the pos
sibility Of the janitor saying he had
seen him at the house.
The supporting evidence Of Nellie Gas
ko, DR.. Gibbs and Berch, the court held
was sufficient corroboration to satisfy the
law if they found the charge against
Rickard true. If the girls told the truth
the justice said, it was immaterial whai
past indiscretions they had been guilty
Of
Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1922-03-29
LIQUOR TAMPERED WITH
AFTER CHEMICAL ANALYSIS

New Haven, March 2s.-A new feature
in Volstead law cases was in city court
today when a chemist testified that liquor
taken in a saloon and submitted to him
for analysis and then returned to thu
court clerks Office had been tampered
with. The samples on hand had been
watered after they had been returned to
the clerks of1ee, he thought. It was tes-
titled to that the samples had been In a
vault for safe keeping. The defendants,
a restaurant keeper and his empioye.
were discharged. as counsel pointed out
that thesEvidence in hand did not support
haSallegationA -
Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1922-03-29
HARDING TO BE SILENT
IN CONGRESSIONAL CAMPAIGN

Washington, March 2S.-The part Of
President Harding in. the coming con-
gressional campaign will be silent one
1t was learned today at the White HouEe
where it was stated that the presi-
dent is adverse to taking the stump on
bahalf of any. senatorial or congression-
al candidates.
Mr.. Harding. it was said, leans toward
70 the view that it is moth the part of the
president to go out on the stump and
crate.
This view Of the president was taken
to preclude any political speech making
by him during the proposed trans-con-
tinental tour and trip to Alaska this sum
mer. Ma. Harding. it was reiterated, still
is looking forward to an Alaskan trip
provided congress adjourns by mid-sum-
mer.