davidaulloa/AmericanStories huggingface dataset:
Grand Forks herald., 1922-05-25
! Supreme Court, Decisions
FRoM GRAm CnaINY.

Johnn Wuest and Emil Wuesey
Plaintiffs and Respondents.
G. e. Richmond and John Ryan,
Defendants and Appellants.
SYLLABUS:
In an action for damages alleged to
have been sustained by reason OF the
! transfer by the defendants OF note
obtained from plaintiffs by fraud ana
false representations, upon which tho
! transferee had recovered judgment
against the plaintiffs, it is heidi
"a The cause of action is not de-
pendent upon the finality Of the judg-
ment against the plaintiffs nor upo1
its payment by them.
(2) Where plaintiffs have not act
ually sustained damages to the extent
Of paying a judgment previously obs
timed against them on.account of:de-
fendants' wrongful act, but where tho
amount of such judgment furnishes q
basis for the damages included in sthd
verdict, the judgment rendered upon
the verdict should not be absolute but
contingent upon the plaintiffs paying
the judgment previously recovered
against them.
Appeal from the district cdA4 Of
Grant county. F. T. Lembke, Judge.
Judgment amended and affirmed.
Opinion Of the Court by Birdzen
Ch. J.
Grace, j., specially concurring.
Sullivan, Hanley & Sullivan. Man-
dan, attorneys for defendants and ap-
pellants.
Jacobsen & Murray, Mott, lattorn-
eys for plaintiffs and respondents.
FROM BURLEdGH COUNTY.
Bismarck Tribune Company, Plain
tiff-AppeIlant.
VS..
F. J. Johnson, County Auditor OF
Burleigh county, North Dakota ct al
Defendants & &Respondents.
SYLLABUS: -
In the printing of, election supplies
FOR a primary election the mandatory
duty is not imposed upon the county
auditor to secure competitive bids.
pursuant to Chapter 40, Laws Of
1921.
Action in District Court, Burleigh
| County, Nuessle, J.
| Plaintiff has appealed from an or
/, der sustaining a demurrer to the
complaint. &
Affirmed.
Opinion of the Court by Bronson, J.
Birdzell, Oh. j. not participating.
+. T. Burke. Bismarck, N. D.
Attorney for Plaintiff.
F. e. McCurdy, Bismarck, N. d.
Attorney for Defendants.
Grand Forks herald., 1922-05-25
& tMsy 24-sb.2s, 1926
1xps roR HEArxHa Axp rhuafBrNC

Seated probosals addressed to A.
mission, Granii Forks, North DAKOTA viii viii
Ikbe received up to p. m May 29th, for
81. heating and plumbing in the State
Mill and Elevator. Plans and specihca-
Undersigned N, 1,
4 I, ,s,55 INK Mill and Elevator Site.
isi .J.-ss n - (MAS. 424-25-s6) Ntt'
Grand Forks herald., 1922-05-25
(Herald May 25-2s-27-2s-so.
8UK1koMS
STATE OF NORTH DAKOTA,

8U16X0MS
STATE OF NORTH DAKOTA,
County Of Grand Forks.
In District Court-F1rst judicial District
Evelyn Ross ..................P Plaintiff
William +. Ross. Defendant
The State Of North Dakota to the above
named defendant:
You are hereby summoned to answer
the complaint in this action (which com
plant is now on file in the office Of the
clerk of said court in the City and
Of Grand Forks. North Dakota)
and to serve copy Of your answer upon
the subscribers within thirty (30) days
after the service Of this summons upon
you. exclusive Of the day of service; and
in case of your failure to appear or an
swer judgment will be taken against
you by default for the relief demanded
in the complaint.
. Dated, at Laketa, North Dakota, April
FRIcH. ROBERTS & BURKE.
ssn7o Attorneys for Plaintiff.
Residence, office and postonice ad-
dress. Lakota. North Dakota.
(Apr. 81: May 4-11-1S-25; June-1D
Grand Forks herald., 1922-05-25
PROPOSALS. PoR wrrmo

Sealed proposals will be received by
4. Myklebye. Fiscal Agent, Industrial
until 2 y. M. May 27th. for electric wir-
ing requirements for the North Dakota
State Mill and Elevator. Specifications
are available at the office Of the under
signed.
A. MYkLEBYE,
Mill and Elevator Site.
MAY 24-25-26)
The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1922-03-16
FEDERAL COMPANY 5UNS
HOAX MUCklNG MACHINE
USE IN MORNING MINE

Captain Samuel Hoar, inventor
OF the Hoar Underground Loader,
has been in the district the past
few days in the interest Of what is
popularity called the Hoar muck
ing machine" one of which is in
use by the Ajax Mining company
the first brought to the Occur
dAlenes. In company with Cap
tain Hoar, this machine was in
spected last week by Thos. IL.
Owens. assistant general manager
of the Federal Mining 4 Smelling
company, who subsequently placed
an order for one of the machines
for immediate delivery at the
Morning mine. Captain Hoar is an
uncle of James Bond, the we'll
known miner and merchant of
Mace.
The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1922-03-16
AMERICAN COMMANDER

The Washington Water Power COM
pany last week extended an electric
transmission line to the compressor
plant of the American Commander
company and as soon as certain Access
sories arrive everything will be in
readiness to turn on the juice, when
underground work will be resumed
The air pipe line has been extended
from the compressor to tunnel No. 1
and it is there that work will be taken
up This tunnel cuts the vein about
100 feet below the bottom Of the shaft
the face showing a wide vein with sill
yer and lead values distributed through
it, It is the purpose to drift east to
the end line.
H. B. Kingsbury. manager of the
American Commander, states that
plans are being considered to supply
power for the independence Lead from
the American Commander compressor,
which would require a pipe line about
5000 feet in length.
The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1922-03-16
SUCCESS.

The Success Mining this week start
ed work on a showing of silver
that may lead to the development of
an important ore shoot The showing
is on the 700 or working tunnel level,
and while there are only few inches
of ore, it is believed possible that by
drifting a short distance it may widen
to a commercial ore body. as has often
been the case not only in the Success,
but in other mines of the district. The
work will be done by hand for the
present but If the showing improves,
the work will be speeded up by the use
of machine drills. Shortly before the
Success mine was closed down a re-
markably fine body of lead-silver ore
was exposed on the 400 level and on
the 1900. the lowest level which is 900
feet below the main working tunnel.
The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1922-03-16
DEATH OF PHIL O'ROURKE
DISCOVEREDBUNKERHILL
PROMINENT AND POPULAR IN
MINING AND POLITICS IN
EARLY DAYS.

The death of Phil ORourke in Van
couver, Wash, last Saturday removed
one of the most picturesque charac-
ters attracted to the Occur dAlene
district by the discovery of gold on
Prichard creek in 1888. 1t was in that
year that he arrived in the Occur
d'Alenes and at once became one of
the conspicuous figures in gold mining
on the North Side. The rewards. how
ever, were not sufficient to satisfy his
restless spirit, and he soon turned to
the South Side in quest of new mineral
discovery Grubstaked by Jacob Goetz
C'Dutch Jake") and Harry Baer. now
of Spokane. and Con Sullivan, who
lost his life several years ago in Alas
ka, Phil O'Rourke and Noah S. Kel-
logg. who died a few years ago in Or
egon, with their outfit packed on a
burro, hit the trail for the South Fork
and eventually made camp at the head
of Milo creek, above what was after
wards the town of Wardner 1t was
a lucky star that guided them, for it
was there that they discovered what
proved to be the greatest lead-silver
mine in the world and from which
they received an ample fortune. The
story of the discovery of the great
Bunker Hill & Sullivan vein has been
told so often, each time varied accord
ing to the imagination of the teller
that it is hardly worth while to repeat
it here unless it could be done in the
inimitable style of Phil O'Rourke
Whether the burro was the real dis
coverer must now forever remain a
mooted question, but at least the fact
seems well established that the burro
had wandered away from camp and
was found by Mr. ORourke far up
on Kellogg peak, and that it was while
looking for the burro that O'Rourke
and Kellogg discovered the outcrop of
the great Bunker Hill & Sullivan vein
Fortune for O'Rourke.
This was in 1885 The news of the
discovery at once attracted a rush to
Milo gulch, other locations were made
which became famous. and a booming
town sprang up in the shadow of
peak which perpetuated the
name of the man who made the first
sale OF the Bunker Hill & Sullivan
which brought fortune to Phil
The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1922-03-16
HEclA ORE CONTRACTED
BUNKER HILL SHELTER
PERIOD OF FIVE YEARS

Announcement is made by James
+. Mccarthy president and mama
ger of the Hecla Mining company
that a contract has just been clos
ed with the Bunker Hill & Sullivan
company under which the entire
product of the Hecla mine will be
shipped to the Bunker Hill smelter
at Kellogg for a period of five
years. beginning about July l. 1t
is understood that there was lively
competition for this contract var
iOus outside smelling companies
submitting bids, but it is evident
that the Bunker Hill. with it's mod
ern plant situated within the Occur
d'Alene district, was in position to
make the most attractive terms.
The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1922-03-16

Fred Searls, Jr, of San Francisco,
has been in the city the past week on
professional business. Mr.. Searls is a
widely known mining engineer, both in
the United States and foreign lands.
and has frequently been a visitor in
this district. His last engagement in
the Occur d'Alenes was about a year
ago, when he made an examination
and report on the Hecla mine. Mr..
Searles leaves for his home today.
The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1922-03-16
WILL DEVELOP CLAIMS
WEST FORK PINE CREEK
BROOKS PREPARES FOR THE
PROSPERITY SOON TO STRIKE
THAT SECTION.

Frank Brooks. the man who often
thrilled a Wallace Fourth-Of-July
crowd in the days when balloon as
cension and parachute leap were the
browning feature of day of noisy
patriotism and real sport, was in the
city yesterday. Since the airplane and
dirigible have robbed the balloon as
cension OF novelty, Mr.. Brooks has
abandoned his spectacular perform
ance in the air and turned his atten-
ton to delving into the earth an occu-
patton less hazardous and at the same
time promising much larger rewards
He owns a group of twelve claims on
the west fork of Pine creek about two
and a half miles from the forks. The
group includes what was formerly
known as the Sherman, upon which
considerable development was done
several years ago. Describing his
property, Mr.. Brooks said that the
main Outcrop is fully 35 feet wide,
iron predominating, and that it car
ries values in silver varying from a
trace up to PIT ounces, these figures
being the result of an assay he OBJ
tanned from a selected sample. Devel-
opment of the property consists of
tunnel on the vein $50 feet in length,
the last 100 feet of which shows a con-
tlnuOus ore shoot averaging about IS
inches thick. Mr.. Brooks exhibited a
sample of this ore which contains 1O.7
per cent lead, 1874 per cent zinc and 81
ounces silver. About 400 feet will
bring it under the main outcrop at a
depth of 500 feet. An ultimate depth
of 1900 feet is possible by further ex-
tension of the drift
incorporate Company.
The assurance that the Bunker Hill
G. Sullivan company is soon to erect an
zinc plant at Kellogg which |
will provide a market for the lead zinc !
ores of Pine creek has convinced Mr.. !
Brooks, as it has all others who aie
informed on the subject, that that ex-
tensive mineral section is soon to be-
come the scent of great mining activ- !
ity, and he is therefore preparing to |
take advantage of it. To that end he |
has incorporated a company for the
development of his property. The
will be known as the Blue
Grouse Mining company, the capital
stock of which is 100000 shares of the
par value of 10 cents each The direc-
tors of the company are Mr.. Brooks,
D. w. Price, d. R. Harlan, H. H.
Rhodes and Benjamin o. Braham, all
except Mr.. Brooks being residents of
Kellogg. According to present plans
Mr.. Brooks will be president of the
and Mr.. Price secretary. The
plan for financing the company is one
hat has been successfully adopted by
other companies. Briefly stated, the
stock will be offered at its par value
If 10 cents per share, the purchaser
agreeing to pay for it in the form Of
of 1 mill per month. If
he property becomes self sustaining
before the full price of the stock is
completed. it will automatically be-
,ome fully paid and issued to the sub
Under this system Mr.. Brooks
expects to have funds to begin devel-
,pment within a few weeks and later
provide the property with compressor
md all necessary equipment
The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1922-03-16
COMPREHENSIVE REPORT
OF PEARSON MINING CO.
CUT TWO BLIND VEINS RECENT
LY-MANAGER PEARSON
LEAVES FOR EAST.

The annual report of the Pearson
Mining company for the year ending
December 81 has been mailed to stock
holders, and conveys to them in COM
prehensive form not only the eXpendi~
lures and accomplishments OF the per
iod covered. but also maps showing TIE
property of the company development
work and plans for further develop
ment. A trial balance sheet prepared
by John f.. Ferguson, treasurer of the
company, gives in detail the financial
transactions of the company and finan-
cial condition at the clost of the year,
together with a stock statement. A
supplementary report by julius Z.
Hall, mining engineer, explains the
maps and under ground occurrences,
and why it will be necessary to con
tlnue the crosscut further than orig
inally contemplated. These reports
and exhibits by the treasurer and en-
gineer for the company leave little to
be said by the manager, Harry l..
Pearson, who refers to them in his
report and adds that during the year
the crosscut was extended sos feet at
cost of $2O.62 per foot, a very graft
flying record. These figures compare
favorably with similar development
work in the district and with the con-
ditions under which the Pearson com
pany operates, the cost must be re-
garded as remarkably good.
Cut Another Vein.
Since the report was issued the
crosscut has intersected another vein
about 20 feet from the one referred TO
by Mr.. Hall in his report. The latter
was cut in February and, as described
by Mr.. Hall, is about ten feet thick,
well mineralized and carries some val
ues in gold and silver. It's course, how
ever, does not correspond to the vein
on the surface. The other vein of
which news has just been received is
about two and half feet thick made
up mostly of iron and calcite, with spots
of what appears to be gray copper.
Assays return values in gold. silver
and copper. Both these veins warrant
development but the management re-
CARDS it more important at this time to !
continue concentrating all efforts on
reaching the main vein. which should |
be accomplished within 300 feet
Pearson Will Go East.
Harry p. Pearson. the aggressive
manager of the Pearson company, will |
leave next Saturday for Minnesota,
where many Pearson stockholders re-
side and with whom he will confer
the financial affairs Of the
Mr. Pearson deserves much |
credit for the efficient manner in
$, hich he has carried out this develop
ment enterprise, a fact that should be
duly appreciated by the stockholders. !
The development of the Pearson has
stood the test of inspection by the
state mining engineer of Minnesota,
acting under the exacting provisions
Of the blue sky law Of that state, and
not only his approval, but |
cordial commentator.
The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1922-03-16
Metal Quotations

Lead, 4.7o@4.eoe.
Silver, e9I4e.
Zinc, 4.50@4.55e.
Copper @13Isc.
The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1922-03-16

Continued on Page g.
The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1922-03-16
Telephone Hearing.

Continued on Page g.
The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1922-03-16
BOARD OF TRADE WAS IN
MORE TRACTABLE MOOD
o.-W. PROMISES EARLY SERVICE
BY WAY OF ENUMERATED
EPHONE HEARING.

The belligerent attitude of the board
Of trade toward the O.-W. r. & N.
company, which manifested itself with
increased virulence at the meeting a
week ago, appeared to be very much
Modified at the meeting yesterday.
Possibly the pacific mood of the mem
bers was due to the absence of Walter
j. Sullivan, although the fact that Her
man J. Rossi was there and remained
silent indicated that since last meeting
some one had poured oil on the trou
bled waters. Thus when the railroad
question came up and L. E. Hanley
vice president presiding, called upon
Major F. L. Quigley, chairman of the
traffic committee, who suavely said
that he had nothing new to report and
suggested that H. J. Arnett, agent of
the railroad company, might have
something to say.
Soon Have Service via PIummer.
Mr.. Arnett took the floor and gave
very optimistic report of the situation.
He said that he had just been talking
by telephone with A. c. Martin, as
sistant general passenger agent of the
O.-W., who was in Spokane; that Mr..
Martin desired to attend the meeting
of the board of trade, but had found it
impossible to do so, and that in that
situation he had authorized him to say
that negotiations with the Milwaukee
for the use of it's track from Plummer
were progressing very satisfactorily
and that he expected to be able to an
nounce within the next few days that
an agreement had been reached and
that the service between Wallace and
Spokane via Plummer would be inaug-
urated without further delay. The
statement by Mr.. Arnett was received
with much satisfaction, and had the
effect of a truce pending further de-
velopments.
Telephone Hearing.
A letter from the state utilities COM
mission to Mayor Toole was read,
which stated that engineers of the
commission were making survey of the
property of the Interstate Utilities
company and that this work would be
completed between the middle and last
of April. At that time a date would
be set for a public hearing, when all
persons interested in the rate question
The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1922-03-16

CONTINUED on Page 81
The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1922-03-16
Stockholders

WiLLFIND MINING NEWS
AND COMPANY NOTICES
OF INTEREST TO THEM
IN THE WALLACE MINER
The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1922-03-16

the Idaho for the
year Stewart Camp
the hands of the
printers distribution about days These
production of each
county Campbell the condition of the
today late to be
the state
dAene district still maintains its premier
with other sections of the
In 1921 his report Mr. Camp
sHosHoNE COUNTY PRODUCED IS PER CENT.
during 1921 resulted in
approximately The
the principal that caused
production and only the high price
from closing
gold and zinc mined
in $6560159 decrease in value OF $l4
Shoshone produced 5sSs99S or
approximately per The other pn
cipa counties Lemhi named in the
order o production position
1.-THE significant the county totals
largest producer 1t is the
in has gained this dis
with but eXcep-
always had around
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1922-01-24

with tailored suits so much as with
tailored frocks OF serge and linen.
And linen frocks. remember, are the
bright particular feature of Palm
Beach mornings. A simple one-piece
linen frock, belted or sashed at low
waistline-and something extremely
stunning by way OF collar and cuffs.
That's Madam's mode in exclusive and
distinctive style for next summer.
In the shops are numbers Of hand
some cuff and collar sets in all shapes
and materials. There are plain sets
of fine linen lawn, hand hemstitched,
and there are sets with Madeira en-
broidery. English eyelet embroidery,
or italian cutwork embroidery. Some
OF these sets are edged with filet or
Irish crochet. Then there are the
more airy sets, Of sheer batiste or
embroidered net, with bands and in
serts OF Val lace and net tucking;
these are lovely with Bingham or linen
dresses in pale color, or with simple
tailored frocks of serge or canton
crepe. For a black canton crepe frock,
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1922-01-24

~ resi- and pretty neckwear al
@zz ways floods the shops in spring
% time. Every woman feels the in
y clination, when winter begins to
wane, to freshen herself up in crisp,
dainty neckwear flxings: and with the
shedding Of fur coats and fur scarfs
coliar1ess frocks-with the plain neck
line relieved by only a string Of beads
loses it's smartness. Summer dresses,
too-little costumes of Bingham, linen,
organdy and the like. simply have to
be daintified with neckwear touches
and with cuffs and vestees; so all the
really new and interesting conceits in
neckwear make their bow about this
season--in good time for the coming
spring and summer. The simple, one
piece frocks that are to be just as
fashionable all summer (judging by
present style prophecies) make an adj
mirable background for dainty neck
wear belongings; and a great many OF
the new neckwear models are in
shapes and styles to suit these one
piece frocks. Neckwear-that Is: col
lar and cuff sets-will not be worn
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1922-01-24

or a frock of-say. yellow linens a
set of embroidered swiss, the dots put
in by hand work. The collar is mar
row and extends across the back only,
Of bodicescu out In rounded neck
opening. At the edge Of the narrow
embroidered swiss collar is circular
frill of the swiss bordered with half
inch hlet edging. The circular frin
falls IN ripples. without gathers. In
stead OF cuffs, there are under-sieeves
OF the dotted swiss with circular
rufaes below the wristband. These
undersleeves are worn beneath hering
sleeves OF the frock.
Another set IS OF organdy; a narrow
collar outlining a square neck open
ing, and neat cuffs turn back from
long sleeves. Black embroidered
motifs trim collar and cuffs. Bramley
collars with cuffs to match, to wear
with Bramiey blouses this spring, are
OF heavy cream linen with leaf motifs
in brown or black leather, the leaves
appIiqued in groups - clover and
shamrock effects-with black wool
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1922-01-24

slip, gathered into a curved neckband,
is tucked by hand from hip to hem
and heavy girdle of pale green bac-
calite, passing through slashes under
the bolster-case sleeves. holds down
the filmy silk to the figure. The sleeves
are attached to the gown all the way
down it's side-seams and at the
shoulders there are pale green bac-
calite buttons which unfasten so the
gown may be slipped over the head.
Pale green baccalite rings. or brace
let's, sewed to the sleeves, keep the
drapery in correct position on the
arms. Exquisite little boudoir slippers
of daffodil brocade, soft as glove on
the foot. go with this negligee.
Ribbon Loops Effect Sleeve Drapery
The white Georgette and lace break
fast coat shows very clever arrange
ment of ribbon which gives the sug-
gestion of draped sleeves to a per-
fectly straight. simple garment. The
coat is made of a length of the ma
terial, doubled over at the shoulders
and slashed down the center front.
Neck, front edges and side edges are
bordered with silk lace in the cream
white tone of the Georgette. Smart
bows of orchid ribbon at back and
front of the coat. and long twisted
garlands of the ribbon connecting the
bows catch in the lace-edged side of
the coat and give an effect of draped
sleeves. The coat is dropped over a
slip of pleated crepe de chine so the
breakfast gown is not as transparent
as it's filmy coat suggests; and is much
warmer for a chilly morning than it
seems.
Still more informal-and obviously
only for bed room wears the loose
peignoir of orchid brocade. accom-
panied by satin mules of the same
tint. Orchid is just now the favorite
shade for negligee wear, and IN the
darker toned garments violets and
puppies lead in favor. The orchid
negligee has most interesting sleeves
which perhaps you can study out by
a close scrutiny of the picture. Front
and back breaths of brocade have
been slashed open at the shoulder to
within an inch or so of the neckline,