davidaulloa/AmericanStories huggingface dataset:
Evening star., 1924-09-10
Glowing Tribute Is
Paid Gen. Pershing

General regret is felt that the same
law that raised Gen. John J. Pershing
to a rank beside Washington, Grant.
Sherman and Sheridan should compel
his retirement on September IL, be-
cause he has passed his sixty-f1fth
birthday. There is no end of edi-
torial praise for this man, who COM
manded Americas mightiest army,
and whose first day of retirement is
marked by the anniversary of the
victorious assault on famous st.
Mihiel.
ut is a silly thing. this age limit.
which supposes that "a soldiers brain
has just so many years Of usefulness
to the Nation" says the Brooklyn
Daily Eagle. Gen. Pershing is. OF
course, neither feeble nor lacking in
mental vigor," and 'in experience,
ability and knowledge he ranks
among the three or four most able
military officers of the world" sup
plements the Lancaster Intelligencer.
Moreover, the Indianapolis News feels
sure that "the country would have well
coined the passage of resolution
which made the latter life admiral,
for "the Army and the people would
profit by the years of Pershing' 8
highest efficiency and, like good
soldier, Pershing is willing to serve
until the end" The Worcester Eve
ming Post considers it idle to inti-
mate that he is in anything but the
prime Of his powers"
\ X X
"The truth is." according to the
Louisville Post, "that there is evil
dence to prove that we have never
quite appreciated the work that Gen.
Pershing did in France as commander
Of the great armies we sent over
there" And yet, as the Cleveland
Plain Dealer sums up: quite aside
from any question Of national graft
tude, it would be only sound common
sense for the Nation to retain him In
it's service. No business firm would
discharge a tried and efficient en-
ploye merely because he had passed
his sixty-fifth birthday. But Army
rules are rules, unelastic as the laws
of the Medes and Persians, and when
1t, comes to a matter Of congressional
action there are enough votes swayed
by the paciffst element and. other spe-
cial and pettily vindictive elements to
prevent the doing of the sensible and
gracious thing" This furnishes, ac-
cording to the Lincoln State Journal,
a striking contrast to the practice
of the British government, which al
most invariably rewards It's success
full military and naval leaders with
high honors and decorations and
downright grants of money ranging
from 500, 900 to half million
On the other hand. the Chicago Eve
ming Tribune points out that Gen.
Pershing is now receiving $21.500 per
year, nearly twice as much as Secre-
taries Hughes, Mellon, Hoover and
other cabinet officers and when
he retires she will be paid only
S10,125," and whatever one may
think of it all, it is plain example
of the coatliness of military estab-
lishment." However, "the larger
question" az the Baltimore Sun sees
it, .'is to find some scope and employ
ment for Gen. Pershing."
Editors laud the gsnerara services
IN France. by them, the New
Evening star., 1924-09-10
September Optimism.

Chairman Shaver of the Democratic
national committee is playing true to
the role of leading party optimist. A
national chairman is compelled by the
nature Of his job to be an ardent be-
lever in victory. at least for publica.
ton. He qualified early in this re-
spect, and with one exception he has
held steadfastly to the character Of
cheer leader. That exception was
when the other day he expressed the
belief that Senator La Toilette would
get at least 70 electoral votes, a mum.
ber large enough, according to all
practical calculations, to throw the
election into Congress. To be sure,
Or. Shaver quickly corrected this est
Evening star., 1924-09-10
Periods of Study
In Public Schools

The average number of years a pu-
pill attends public school in the States
varies from 4.05 to sos years. The
per capita income is largest in those
States that keep pupils in school the
longest. and illiteracy is highest in
those States where the average years
of public schiol life is shortest, ac-
cordin0 to statistics gathered by the
Evening star., 1924-09-10
Neighborly Curiosity.

Neighborly Curiosity.
We do not know II there are folks
On Mars up there;
Or, if there are, what griefs or jokes
May be their share.
Yet wherefore pause in solemn doubt
And skies explore?
We do not know the same about
The house next door.
Evening star., 1924-09-10

The large vote in the prophetic
State of Maine conveys a strong hint
to the effect that the presidential elec-
ton is not likely to be conspicuous
for apathy.
Evening star., 1924-09-10

The sky gazers have been disap-
pointed in Mars, but they have abun-
dant reward in the performance given
in our own atmosphere by the world
flyers.
Evening star., 1924-09-10
SHOOTING STARS.
BY PHIIAANDER JOHNSON.

Jules Verne.
To old Jules Verne we used to turn
With mild exhilaration.
In every book we thought he took
The truth on a vacation.
Around the world with him we whirled
In 80 days! How rapid!
An airship now, that slow, we'd VOW
Left conversation vapid.
Beneath the sea we rode with glee
In fancy, with our hero.
Munchausen's fibs were trivial squibs
Whose stock went down to zero.
All prophets find the current mind
Derisive or neglectful;
Now dear old Jules is taught in
schools
BY pedagogues respectful.
Evening star., 1924-09-10

Nothing is being left undone by the
League of Nations to make it's pro.
ceedings so interesting that every
country will feel almost irresistibly
impelled to join in the exercises.
Evening star., 1924-09-10

Announcement is made that the sui
be converted into a theater. Ex.wives
may be found lining up at the old
home for positions as showgirls.
Evening star., 1924-09-10

German affairs are constantly in
danger Of undue agitation, owing to
student impressions that it is time to
do something original and startling.
Evening star., 1924-09-10

The American around the world
thought for Defense day exercises.
Evening star., 1924-09-10

By way Of showing his great re-
spect for the court, Leopold was will
ing to leave it to Judge Caverly to
settle a bet.
Evening star., 1924-09-10
Touch of Variety.

How do you like the new parking
regulations?'
.'They put a little variety into the
situation" answered Mr.. Chuggins.
"They give you chance to get ar.
rested for standing still as well as for
speeding"
Evening star., 1924-09-10

A parking problem is the penalty
q comparatively small city pays for
emerging into the metropolitan class
Evening star., 1924-09-10

Independence, bat she hasn't forgot
ten how to oay: Charge It. to dad
E0tsmfoEA 1ouxuAls zs,.s 1855
Evening star., 1924-09-10
Campaign of Education.

Campaign of Education.
"Is this a campaign of education
you're engaged in?"
"It is, after fashion" replied Sena.
tor Sorghum. "My audiences seem ex.
tensively informed, but must admit
that personally I am learning a few
things"
Evening star., 1924-09-10

Almost every campaign speech is
in some degree a reminder to Con-
gress' Of unfinished business.
Evening star., 1924-09-10
Feminine TriumD3rS

Feminine Triumpifs.
The girl who leads the college crowd
We follow with admiring eyes.
And yet she seldom seems as proud
AS one who wins a beauty prize.
Evening star., 1924-09-10

Jud Tunkins says If the cheers of
the populace were to be taken in all
seriousness there mightn't be anybody
elected to anything except base bal.
players.
Evening star., 1924-09-10
Ennui.

This radio stuff Is growing tame
AS out through space it reaches.
All jazz is pretty much the same;
So are a lot Of speeches.
Evening star., 1924-09-10

Conscience IL q small voice." said
Uncle Eben. dat 'casionally has to
run de risk Of bein' drowned out by
de cash register. 80,
Evening star., 1924-09-10

Today war has become so greatly a
matter of science, with such machin-
cry. munitions and chemicals, that
that army which, figuratively speak
ing, forgets its "fiints" is beaten in
advance, regardless of opposing num-
bers or OF personal prowess. Victory
and preparedness are inseparable.
Copyright. 1924. bx Paul v. Gotlins.l ~.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-12-03
Plans on Foot
For Independent
Ice Aggregation

Plans for an Independent hockey
team composed OF the younger hoe
key enthusiasts. many of whom were
high school stars but a few years
ago are now being discussed In this
city and there is a strong possibility
that a fast team may erpresent the
city Of Augusta upon the ice this
winter.
There are several good speedy
hockey players in this city at the
present time, among them Seweil
Austin. Fred Ellis, Jack Childs, Ken
meth Jackson, Doug Jarvis. Fred
Durant and there are probably sew
eral other good prospects who would
be glad to get ont and chase the rub
Der once in q while.
Jarvis who is one of the most en-
thusiastic supporters Of this project
Is at the present time acting as
manager although there is no for
nal organization. He is trying to
get a line on the available material
and IL there is sufficient interest In
O project Of this nature there Is lit
tie doubt that such team could be
formed,
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-12-03

cf1pts were handed down nv
- aW court Tuesday in four case.
one eacn from the counties OF KEN
Cumberland. anu
ksnnsbse cass
JUDGMENT for the defendant "a
glvcn IN the Kennebec county case ~
Same =. Viies w. The American
Realty Company. va"
the rescript which was drawn ~
associate Justice John A. MorriIl 81
Au0urn. II as follows:
Inc written contract by PLAINTIFF
with defendant to sell and deliver .
quantity OF pulpwood, "the amount
20 be ten thousand cords mora Or
Iess az the option Of" the pIaintin
cannot be construed, in accordance
WIN the contention of plaintiff. az
not imposing on the plaintiff the dutv
oenvertng ten thousand cords
more or less.
"A reasonable construction OF the
contract, consistent with the corre-
spondence OF the parties, called for
.ne oenvery OF ten thousand cords
WYNN reasonable latitude consistent
w.n good iaith, and the phrase-"at
s option OF said Blaine s. Viles,"
latitude In amount was to he exare
cised within reasonable limits hv t,o
PLAINTIFF. Wy li'e
The oral agreement for payment of
an aaoiionai fifty cents per cord.
w",cai the jury found was made by
=. =. Amey assuming to act for de-
fendant, was not an independent
contract. but modification as TO
price OF the existing written contract
Ine Court finds 1t unnecessary to
decide whether the authority of Amev
10 make the oral agreement Is proved.
or whether the defendant had clothed
Amey with apparent authority to
make 1t. or whether consideration for
the oral agreement is shown.
The check for $354I.22 sent by de-
PENDANT to plaintiff on October ~.
1911. after Amey's authority to mod
iIy the written contract had been
denied and payment Of the addition
al hlty cents per cord had been re-
FUSED was expressly stated to be In
1uil settlement for the wood delivered
at Scion Boom and final payment on
contract 523, and it's return was re-
quested, II not correct.
The acceptance Of that check by
plaintiff. without question or objec-
ton, bound him to the terms upon
which IL was offered. and made COM
piete an accord and satisfaction Of
the demand. r. S. Chap. 81, Sec. So.
Somerset Cases
In the Somerset county case of
Thomas Healey VS.. the Great North
ern Paper Company. the appeal Of
the defendant is sustained. the de-
cree Is reversed and the petition is
dismissed.
The rescript, which was drawn by
Associate Justice Albert M. Spear,
(retired) of Gardiner. is as follows:
The pleadings in this case are reg
ular In form and present all the is
sues in controversy. The allegations
of fact are as follows:
First, that on the 10th day Of July
1923. while working as a clerk in the
employ Of the Great Northern Paper
Company at lockwood. Maine, John
T. Calvin received a personal injury
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-12-03

hitter finding the facts. and his find.
Ing was conclusive. that IL LAWN
were acting for the corporation.
then a. the plaintiff had not actual
knowledge or what was tantamouat
thereto. LAWN should seasonAbly
have made his agency known. And
thereby II was made clear that there
was no error OF law.
Cumberland Case
The exceptions OF the plaintiff
are sustained In the Cumberland
County case OF BENJAMIN Shaw &
Co. w. Mary Kroot-
The rescript per curtain IL ~ fol-
lows:
Action to recover brokers' COM
missions On q sale of real estate, be-
forejthe Law Court upon exceptions
to a directed verdict for the de-
fendant. In considering exceptions
of this kind the court has only to
determine whether the evidence.
considered most favorably for the
plaintiff. would have warranted q
verdict in his favor. Shackford VS..
N. E. Tel. & Tel. CO., 112 Maine 2O4.
Assuming that the construction
the letter written by the prospective
1t Is not decisive of the case. The
letter was only the beginning OF
negotiations. ~A<offer. and there is
testimony that the offer was modi-
fed to include payment OF a pro rata
part of rents, insurance and water
rates.
The evidence is fatty contradic-
tory. II the jury believed the YER
sion of plaintiffs witnesses, they
would have been warranted in find-
ing that the defendant expressed her
willingness. when the written offer
was communicated to her, to accept
$12.5OO for her property with q pro
rate of insurance and water rates
paid and accruing rent: that the
prospective purchaser orally ac-
coded to those terms without reser-
walton before they were withdrawn,
and that the defendant, being sea-
sonably notified OF the acceptance.
refused to carry out the trade. The
purchasers ability being unquestfon-
ed, the jury upon this view of the
evidence would have been warrant
ed In finding for the plaintiff.
On the other hand. II the jury be-
lieved the version OF defendant ana
her witnesses, they would have been
warranted In returning q verdict for
the defendant. upon the ground. II
upon no other, that when the writ
ten offer was submitted to her. she
only authorized a sale for $12.0OO
with a pro rate share OF taxes. as
we'll as insurance and water rates
paid and accruing rent, and that
such terms were not secured by
plaintiff.
The case involves questions OF
fact for the determination OF a
jury.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-12-03
Extensive Program
Planned by Woman's
Committee of "Y"

An extensive program for the COM
ing season in the women's division
The Augusta Y. III. G. A. was plan
ned Tuesday afternoon at the organ
nAtion meeting of the Woman's Ad-
nsory Committee. Especially will
me work for tho interest Of the
Younger girls between the ages Of .
and IL years be featured. 1t Is also
noped that Sunday afternoon meet
ihss may he held and that parties
'or the younger girls may be arrang-
Cd for Saturday afternoon.
The members of this committee
are: Mrs. Thomas Smith, chairman.
MRS Percy V. Hill; Mrs. Charles b.
iraine, Mrs. c. l.. Andrews. Mrs.
horace Sturgis, Mrs. John Nelson.
mrs, j. T. S. Bassett and Miss Ger
.rade Best.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-12-03

this item will be $685., O00, 600 in 1926
and $3.50. OOO, 900 In 1926 This say.
ing of $110,OO00O0 in two years ID
the result OF the reduction in the
amount of the debt and decrease in
the average rate OF interest paid
The sinking fund is a part of tho
contract between the United States
and the holder Of the United States
obligation, and, therefore. can not in
good faith he changed. The continu-
al steady effect of these debt reduc-
Ing factors 10 to cut down the largest
single item Of government experdi-
ture and permit further reductions In
the burden Of taxation.
During the last session of con
gress a bill was introduced authoriz-
ing a yearly appropriation Of not ex-
ceeding $10.000.000 for a progressive
building program IN the District Of
Columbia. This bill has my indorse-
ment. / earnestly recommend its en- :
actment by congress.
II have recently appointed a COM
mission to Investigate agricultural
conditions. The purpose of this was
to determine what action, through
legislation or otherwise, should be
taken to place agriculture on basis
OF economic equality with other in
dustries. The findings and recon-
mendations Of the commission are
for the use Of congress. I mention
this commission here for the reason
that will shortly submit to the con-
gress an estimate OF appropriation to
meet the expenses of the commission.
we are now IN the fourth year OF
our campaign for reduction In the
cost Of government. Our aim Is 20
reduce the burden OF taxes. In this
we have been successful. For those
things which we are now required to
do we are fast reducing our expendi-
lures to minimum consistent with
efncient service. We have before US
an estimated surplus Of $67, 000,0 900
for the current fiscal year and $373.-
100000 for the next fiscal year. Shall
we embark upon new projects involv-
ing expenditures which viii prevent
the accumulation of these expected
surpluses. or shall we continue the
campaign for economy? am for
economy. II we continue the CAM
paign for economy we will pave the
way for further reduction IN taxes.
This reduction cannot be effected
Immediately. Before II h undertaken
we should know more definitely by
actual operation what our revenues
VIII be under our present tax law.
But the knowledge OF Our revenue
under the existing Law will 4vaii Us
nothing II We embark :tpon any new
large expendituts pgcgram..
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-12-03
Law COURT RULES AGAINST VlEsN
CASE AGAINST AMERICAN REALTY COMPANY

Oobbb Btov =
by accident arising out of and In
course of his employment.
Second, said accident happened al
follows: Had been handling some
dirty material in the storehouse and
went to the wharf to wash his hands,
preparatory to doing other work
when he fell In and was drowned.
Third, which resulted in an injury
as follows: Death by drowning. The
answer adequately trayerses every
material allegation.
The second allegation, as above
noted. contains the only specifica-
ton as to how the accident happened.
Under this allegation, the chairman
made a finding of facts which, for a
proper analysis. should be divided in
to two parts. The facts as stated in
the first part that he went down to
the slip or wharf presumably to wash
his hands can be inferred and are
within the terms Of the specifications
OF the causes of the accident as
a<erred in the second allegation. The
facts as found in the second part,
however, cannot be approved as they
are based upon pure assumption and
are contradictory Of the cause of the
accident as alleged in the second al
legation. They are thus stated:
THE evidence clearly shows that
Mr.. Calvin was acting in the usual
manner adopted by employees of the
company with respect to answering
call OF nature occurring during
working hours at the storeroom. and
! while SO conducting himself, he ac-
cidentally fell into the lake and was
drowned. 1t is therefore found that
the accident which caused the death
OF Mr.. Calvin arose out Of and In the
course of his employment as a clerk
in the Great Northern Paper Com
pany."
This part of the finding seems to
be based upon the endeavor, first, to
show that it was the usual manner"
on the part OF the employees to go
from the place of defation to the slip
to wash their hands, and second that
the decedent went from such place to
the slip in accordance with that "us-
ual manner"
Held: /. That the evidence fails
to prove any such usual manner or
custom and hence Of any observance
by the decedent Of a custom that did
not exist.
Held: 2. That the evidence proved
that the decedent's death resulted
from the doing of something which
his employment neither required nor
expected him to do, and in a place
where his employment did not take
him. and to which his employers, If
men of ordinary experience and sa-
gacity, could not be expected to an
ticipate he would go, for the purpose
OF washing his hands.
Held: 3 That his employment was
not the proximate cause of his death.
Androscoggin Case
The exceptions Of the defendant
are overruled in the Androscoggin
county case of the F. H. 'Conant Com
pany VS.. S. +. LAWN.
The rescript per curtain is as fol-
lows:
The question Of this case, with re-
gard to which exceptions by the de-
fence are insisted to apply, is present
ed by simple and undisputed facts.
From time before and inclusive of
that of the transaction in dispute. Mr..
S. +. LAWN. the defendant, was treas
urer and manager Of the Metropolitan
Auction Rooms, the CORPORA ton in
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-12-03
NEW WAY tn
Break A COLD
~Qlxilk,

Observation-Disclosures select physicians
Misrepresentation checks worst Cold often in 30
minutes. and usually ends Head Colds com.
pletely overnight. Goes direct to caEss- con.
ling, STIFFNESS and headache simply az away.
Endorsed and prescribed By physicians. No
harmful drugs-non.narcotic. Ask for ANA.
gin tablets. Only Sc. box, and money back
not relisFsd. Sold and guaranteed by:-
Partridge's Drug Store, Red Cross
Pharmacy. John Coughlir. Pharmacie
Franchise. Stackpole's Pharmacy. Sex
tons Pharmacy. Quinn's Drug Store.
Hallowell; Manson & Church Drug
Store, Gardiner.-Ady.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-12-03
Gannett and State
House Girls Clean
Up in Bowling

Inc Gannett girls and the sextet
, .sum the State House cleaned up In
aeir matches at the Y. NJ. c. A. Tues
way s evening, each team taking all four
,S'a,s from their opponents. the Gem
"s, Maine Power Co. and the Bankers.
est OF the Gannett team bowled
~s sa 'hree-string total for her team
ns a "a and high single string Of Sc.
ts y, with a high three-string to-
u s61 and 100 for single string
c nigh Tor the state House gang.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-12-03
Waterville Couple
Win in Thin Pin
Match ROWled Tues.

Geroux of the Calumet Club OF
Augusta and Goggin OF the Gardiner
Rovers fell behind 10 pins in their
match with Derochc apd Simpson OF
Watcrviile in q match bowled on the
Gardiner alleys Tuesday evening.
Geroux Of the Calumet Club BOWED
the highest string OF the evening
with total piufali of 11.6. The
summary:
Dcroche 81 1o3 90 1o5 "a 81 OF
112 III 100 ..:........... 9S7
1O7 115 1Oi ............... 1O2D
Garvin 81 1Ol 101 O2 80 80 1O5
so 50 So ...........:..... oS2
Simpson 03 0S ia 100 u 1OJ 81
03 90 ySB
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-12-03
CONGREGATIONAL Christmas Sale

The two day Christmas sale Of the
Congregational church opens at 3
o'clock this afternoon. All kinds of
fancy work will be displayed at the
tables as well as aprons and other
useful articles, The arts and crafts
table will be especially interesting.
ADV,
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-12-03

The Women's Auxiliary of st.
Marks church will meet with Mrs.
purves at the rectory Friday after
noon at 3 o'clock. a large attend
ance Is desired.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-12-03
AUGUSTA LOCALS

The Murray Alliance Fair today
will open at ten instead of two. The
vestry will be open all day.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-12-03

The Pine Cone Club will meet with
Mrs. Bridget Springer, 96 Quimby
street this Wednesday evening. Mrs.
Emma Ellis and Mrs. Springer will
entertain,
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-12-03

Wall Street. 100 r. M.--Heavy
selling began In other shares while
the Famous Players and Wabash is
sues were being marked up material
~ in the early afternoon. Sever re-
cegsions occurred In a number Of in
stances, Otis Steel, pfd., dropping six
points, Fleichman ~, Pittsburgh SC
West Virginia 4. General Baking az
and National Lead 3 points.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-12-03

President Coolidge denies that he
will spend Christmas holidays witt
his father in Plymouth, VT.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-12-03

Demurrers of owner and managing
editor of Kansas City Journal-Post.
indicted for alleged illegal publica-
ton of federal income tax returns,
are sustained by Federal Judge
Reeves at Kansas City.