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The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, June 27, 1915, Image 8

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Justice James 3. Burrows Hands
Decision In Case Which
Has Interesting Legal
if rf.
One of Questions Which
Answered, Also Con
strued Intents of Con
tract Made
"When a person contracts for a well,
fie does not contract, merely, for a
hole In the ground, which, after three
or fout weeks, contains four or Ave
'UK inches of -water, nor meet the defini
ng tlon of well, in the mind of James S.
Burrows, justice of the peace, who de
cided yesterday in the case of B. F.
Weldon vs. Charles Best in favor of
the defendant
Weldon brought action in the court
of Justice Burrows seeking to recover
$25, which &e claim od Best owed him
for sinking a well. Best refused to
(pay the amount asked by Weldon, gay
ing that Weldon had guaranteed him
^"plenty of wrter." Best did not think
the four or five inches which was in
eight, cam© within this definition. Jus
tice Burrows agrees with Best.
In his decision, Justice BurrS'.vs
Definition of Well.
"PlaintifT claims $25 for digging a
well and says fhat. he guaranteed wat
S: er. The defendant says plaintiff
agreed to dig a well, and guarantee
?. plenty of water. The evidence shows
that two or threenveeks after the well
or hole had been dug, there was only
four or five inclnes of water in it-
There is a conflict" in the evidence as
to whether or not plaintiff was to
guarantee plenty of 'water, or just wa+
I er, but be that as It may, the plaintiff
did agree to dig a well for the de
fendant, and a well is as found in the
notes in 40 Cyc. page 889, described to
be "the well is sank to a water bearing
't stratum of the earth, ooze or flow from
the earth in to the bottom of the pit
». as a reservoir in sufficient quantities
for the ordinary purposes of domestic
use.' Andrews vs. Carman. 1 Federal
case No. 871. Alter the hole standing
for two or three weeks and only con
't taining four or five inches of water, I
do not believe meets the definition
& Construing of Contract.
"Then again in construing the con
tract entered into by the parties here
to, the court goes on in the decision.
"Greater regard is to be had to the
clear intent of the parties, than any
particular words which may have been
used in the expression of their intent.
The court will consider the circum
8Lanc.es under which the contract was
Reason for Former Failures.
"In general, a varying degree of
success has followed the efforts of in
dividual teachers and of the various
organizations. Too often, however,
extensive garden projects have been
undertaken without a carefully pre
arranged program, without any pro
vision for instruction and supervision,
and witnout sufficient funds to prop
erly administer the enterprise. On
account of these and other causes
there have been some failures. These
failures, however, have served to
make us more cautious and have help
ed us to formulate plans for the futur
development of the work.
"Although the school officials gener
ally appreciate the importance of
gardening, they have been slow to take
it up as a part of the school program,
They would like to see the work stand
ardized and a definite program sub
stituted for the chaotic masg of rec
ommendations. The lack of well
organized examples of garden activ
ities has probably been the retarding
Survey by Bureau of Education.
To satisfy the demand for some
definite information. Dr. Jarvis points
out, the U. S. bureau of education
recently conducted a survey of the
school garden work throughout the
country. As a result of this survey a
plan for the introduction and promo
tion of garden work in the schools
has been made available to school
The plair is a simple one. It is
an economical one. It does not in any
way interfere with the present school
program. It provides for intelligent
instruction and thorough supervision.
It provides for the utilization of un
used latjd and labor for productive
purposes. The children working un
der this plan may contribute to the
support of the family, teaching them
the fundamental principles of democ
racy and enabling them to rema'.o
longer in school. Under this plan
ako the children are given an oppor
tunity for an active experience to
vitalize school studies and an oppor
tunity for acquiring a knowledge r»i
an occupation that may become the
means of a livelihood. The plan furth-
made, and the object of the agree- er provides for a wholesome occupa
ment, in order to ascertain their in
tention. Clarke on Contracts 590, 59J.
97 Iowa, 130.
"It seems to me that plaintiff fully
understood that defendant required
sufficient water for the purposes of
domestic use. It is clear that the de
fendant did not intend to contract for
simply a hole in the ground, and plain
tiff knew it.' Therefore to construe the
agreement, as plaintiff contended Reaches Every City School,
should be construed, woulld enable the "The plan provides for a system ot
plaintiff to perpetrate a fraud upon dc- home gardening in each city graded
fendant. I will therefore enter judg- school. The home garden has many
ment for the defendant." advantages over the so-called school
tion for boys and girls while out ot
school and thus stimulates industry at
the receptive age and guards against
the evils attending idleness. An aJ
ditional result of the plan in operation
is an improvement 6f home surround
ings—back yards are cleaned up and
the home grounds ornamented with
shrubbery and flower borders.
of Ihe motorists in the Middle
West. Tbis estimate is based
on thesalelastyearinthe Mid
dle West alone of nearly 7,000,
000 gallons.
Polarine is produced by spe
cial processes in the largest
oil refinery in the world, where
every facility known to make
for high quality in a lubricant
is available.
It maintains the correct lu
bricating body at any motor
speedor temperature, prolong
ing tbe life and increasing the
power of every standard make
and type of motor car, motor
truck" and motor boat now in
Use it in your motor and
learn the difference between
merely ".'oil" and Polarine.
Chicago, U. S. A.
Uie Red Crown Gwoliae for Greatest MiIea«o par Gallon
Furnished by the Department of the Interior
"The school garden idea is not a
fad," declares Dr. C. D. Jarvis, of the
U. 8. bureau of education. "It is an
outward expression of .an inborn belief
on the part of hundreds of teachers
and educators throughout this and
other lands that children need some
kind of active experience to vitalUi
their school studies. It is also an
expression on the pffrt of thousands of
parents of the* belief that in order to
acquire habits of industry and to ap
preciate dignity of labor, boys and
girls at an early age should be en
couraged to engage in some kind of
wholesome employment. Furthermore,
the various welfare associations, the
International Child Welfare league in
particular, are embracing the garden
movement with the belief that through
it thousands of boys and girls may oe
saved from the evUs attending con
finement in the shops, the mills, and
the mines.
garden where
large number of chil
dren are brought together and each
given a small plot of.ground on .which
to .plant a few pennies worth of seeds.
The child's garden in the home, back
yard, when tender school supervision,
will supply every opportunity offered
by the school garden and will do much
more. It assures a closer relation
ship between home and school and
.promises a better understanding be
tween parent and teacher. It obviates
many of the troubles of the school
garden, such as that of stealing, fenc
ing, protection, limited funds, sum
mer vacation, insufficient land, and
others. The home garden furthermore
usually proves sufficient ground to
grow enough produce to supply the
home and to put the enterprise on a
commercial or business basis. The
child' with a garden embracing 2,600
square feet or over is able to raise at
least ten dollars' worth of produce and
to obtain a fair Idea of the possibil
ities of gardening. Such a proposition
tends to broaden the child's vision.
"The home garden also is usually
large enough to keep the child oc
cupied while out of school and at a*.1
occupation that iB wholesome and un
der the eye of the parents. It pro
vides at the same time for a closer
companionship between parent and
child and encourages the idea
mutual helpfulness.
Teachera for Twelve
"In general the bureau's recommend
ation to schools regarding home gard
en work is to engage in each graded
school one teacher who is prepared
by training and experience to take
charge of the garden work for the
whole school. Such teacher should be
engaged for twelve months and with
the understanding that she should de
vote the regular number of hours to
teaching the usual school subjects, or
better, all the elementary science sub
jects in several grades, and that the
garden work should be done after
school hours, on Saturdays and holi
days, and during the summer vacation.
Arrangements may, if desired, ba
made to give a vacation to the gard
en teacher during the winter. Such
a teacher will demand a higher sal
ary to compensate her for the extra
service. In a large city where many
such teachers have been employed
the services of a garden specialist
as supervisor would be helpful.
"In the larger schools, where tha
enrollment exceeds three hundred,
one or more additional teachers w")
be necessary, for one teacher should
not be expected to supervise properly
more than about 150 back yard gard
ens. Experience has shown that as
much produce can be raised from this
number of well supervised gardens as
from twice the number of gardens in
adequately supervised.
Getting Land.
"The teacher should assist the
pupils by way of securing land when
back yards are not available. Nearby
vacant lots may usually be procured
for the purpose. The teacher also as
sists the children in planning their
gardens and ordering their seed In ad
vance of the planting season. She in
structs them in the starting of plants
in the window and in hot beds and she
demonstrates the methods of fertil'::
ing, spading, raking, hoeing, watering,
weeding, thinning, marketing, and
canning. Early in the season she
works with groups of children. One
afternoon she will announce that the
children in a certain block will meet
in John Smith's back yard for a dem
onstration in preparing the soil and
planting the seeds. The following
afternoon she will repeat the perform
ance in Mary Jones' back yard for th?
benefit of the children in that section.
This program is continued until the
field has been covered. After the
spring rush she work's with the in
dividuals, making sure that they ara
keeping up a succession of cropping
and are making the very best use ot
their land and their efforts."
These recommendations, according
to Dr. Jarvis, are intended for the
ordinary city school. In a few of the
larger cities, on account of an ab
sence of back yards, the plan can not
be worked out perfectly, but. in mo3t
cities there are more back yards and
vacant lots available than is generally
believed. In the more congested
cities the effort should be' to approach
as nearly as possible this ideal: All
the available land should be utilized
and the typical school garden with its
small plots may be the nearest ap
proach. The resourceful teacher usual
ly will find a way.
It is the hbpe of Dr. Jarvis that
who are interested in the promotion
of this important work will bend their
efforts toward standardizing the gard
en work in schools.
Woman Found Murdered,
[United Press Leased Wire Service.]
ST. LOUIS, Mo., June 26.—Descrip
tions of a negro known only as ''Big
Henry" were flashed to all St. Louis
police stations, and Fred Jones, an
other negro, was detained for ques
tioning today, following the finding of
the body of a woman believed to have!
been Mrs. Johanna Jones white. 38,!
in a rooming house. The woman had!
been stabbed to death. There were
deep wounds on the back, shoulders I
and face and one wound penetrated
the breast to the heart. "Big Henry"!
had been seen near the house.
Miss Celestine Agnew left today for
a visit at Galesburg.
Dr. and Mrs. Charles F. Elliott will
leave this week for Estes Park, Colo.,
wherp they will spend the summer.
Ex-Police Officer A. J. Fields and
niece Buella Anderson, left last nieht
for Oakdale, Iowa, to visit with
Daphne Anderson.
Congressman C. A. Kennedy of
Montrose was in the city Saturday.
Mr. and Mrs. Bird Kellogg will
pr*c--»ri week in Illinois on their
1 vacation.
,v r! 2 v..,-.. •. .v.«v .. *ri. -. r. -I
More enduring than chrome vanadium steel, more "won
derful than the finest workmanship, is the idea that can
dominate an industry.
In this day when more Buicks are beili^ bUilt than ever
before it is interesting to remember that the distinguish
ing characteristic of the Buick, the
Yalve-in-Hear Motor, has existed
an idea for twenty-five years and been'
built into Buick cars for thirteen
years. •.
Fiom 1903 to 1907 the Buick Valve
in-Head was a two cylinder engine.
From 1908 to 1914 four cylinders*
dominated the field and the Buick
Valve-in-Head Four dominated other
types. The Buick Valve-in-Head Six
was first put on the market in 1913.
Fours were also continued—but the
Valve-in-Head Six had stirred the im
agination of the car-buying public.
The demand from the start outpaced
the production.
This demand has become so over- ,•, ~.
whelming that now—for 1916—the
Phone 767
HORSE POWER—Built regularly in 45
and 55 horse power, Six-Cylinder Valve-in
Head motor with two size chassis. WHEEL
BASE—115 and 130 inches. REAR AXLES
—Genuine full floating, with spiral bevel
gear drive. REAR SPRINGS—Buick spe
cial cantilever. BODY—Full stiearn line
exceptionally roomy for both passengers
and driver. One-man top with clear vi
sion side-curtains, which remain attached
a V^
4 \.
Regardless of the car you buy or the price vyou
pay, nowhere can you get greater value
Roadsters and Touring Cars, $950 to $1485
Coupes and Inside Drive Sedans, $1350 to,$1875
We have two good seven passenger livery cars giving prompt livery
service to the public.
*8f ^v-v
Xhe public Atfants Buick
,, r:. '-'Hi
Sixes—so many of them
that we shalfl build noth^
ing else in 1916.
Four gives way to Sixes. Two chassis, both Sixes, with,
roadster, touring car, coupe, sedan bodies. The Six has
been made standard because in the Six the Valve-in?.
Head idea has its greatest opportunity for service.
Also ..since the first appearance of the Buick Six tljero
has risen an insistent demand for
smaller. Buick sixes.
and fold neatly in top when not in use.
WIND-SHIELD—Two-piece rain vision
and ventilating. LEFT HAND DRIVE and
center control. Quick demountable rims.
UPHOLSTERING1—Fine quality, genuine
leather, luxuriously trimmed! over ourled
hair and deep coil springB. Handsomely
painted and finished. Furnished complete
even to the smallest detail.
Th« Six is a natural, logical, efficient
form for the Valve-in-Healdl type.
Never before has the Valve-in-Head
idea had such adequate materializa-x
This year" the Buick factory is ar
ranged for Sixes exclusively. The
production will be large, Demand
necessitates a steady stream of Buick
trains leaving the factory during the
season. ,v
And the Power, Economy, Depend
ability and Comfort of 1916 Buiok
Sixes justify this demand more than
ever. Stu"dly the specifications and
you'll see why. ,»
1317 Main Street, K.eokuk, Iowa
SUNDAY, TONE.27,1915
W -*V-
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