The Fargo forum and daily republican. [volume], November 06, 1903, Image 10

About The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957

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GORDON
FURS
J. F. Holmes & Co.
101-102 Broadwijjr.
PROCLAMATION LESSONS.
The Language of the President's Thanksgiving
Proclamation Taken as a Test.
St. Paul Dispatch: There is a note
in the president's Thanksgiving pro
clamation that is almost a wail of de
spair of the republic. Nowhere is a
man so confronted with evidence of the
gross selfishness of men which subor
dinates, the general good to individual
greed, which easily takes the grosser
form of downright corruption, as is the
man who occupies the presidential
chair. Small wonder that the president,
bringing to his office high ideals of duty
and of government and finding at least
one department rampant with dishon
esty, with its lines running out among
the citizenry, puts into his proclama
tion a prayer "that all hearts may be
aroused to war steadfastly for good and
against all the forces of evil, public and
private."
While human nature would be prone
to evil under any form of government
the environment is made more favor
able when government departs from its
proper function of securing for all equal
rights and privileges and vouchsafes to
some special privileges for which the
others must pay. It is inevitable that
greed is stimulated to get into the priv
ilege class and it is inevitable that men
become habituated to the idea that gov
ernment's chief end is to enrich those
who can get its aid. The official see
ing his government using its powers to
advantage some at general cost, is
strongly tempted by that knowledge to
use his measure of governmental po
wer to his personal advantage.
In a statement which the president is
said to have made, in commenting upon
the hypocritical attack upon him by
Senator Gorman and which has the hall
mark of his individuality, he speaks of
classes that "are fighting for special
privileges." Therein lies the danger of
failure of which he speaks in his pro
clamation of Thanksgiving, and the
consequences of which to humanity he
deplores. When every citizen can feel
that his government lays no heavy hand
upon him that another's load may be
lightened that he has an equal chance
with every other man on his merits and
abilities, neither especially helped nor
hurt by his government when, as the
president said of the members of the
•New York chamber of commerce, ev
ery man "scorns to ask from the gov
ernment whether state or nation, any
thing but a fair field and no favor,"
then, and only then, will this past ex
periment in self-government have a fair
chance for trial. And then, only can it
•tlcceed'.
SALE OF SHORTHORNS.
Tuesday, Nov. io, '03, forty Scotch,
Scotch-topped and Bates Shorthorns
and many head other standard bred
cattle at the farm of Thos. H. Can
field estate, Lake Park, Minn. Qee
announcement in this issue.
LUCKY CANADA.
New
York World: Sir Wilfrid
extra efforts to throw off
the poisons that have
accumulated during the
winter. Then boils and
pimples, rashes and
eruptions of every con
ceivable kind make
their appearance, and
Eczema. andTetter—the
twin terrors of skin
diseases Nettle-rash,
Poison Oak and Ivy,
W--W'
Eatt-
rier says he "often regretted that Can
ada was lying alongside a grasping and
powerful nation like the United States."
If the United States really were the
grasping nation Sir Wilfrid says it is
Canada would not now be "lying along
side" it. It would, like the lamb with
the lion, be reposing inside.
UPPER COURT
*.
have been made for
more than thirty
years,—long enough
to make the reputa
tion GORDON
FURS enjoy, a
safeguard to the pur
chaser.
fold
only bjr
ontinued from Page 9.)
is applied for when the other should
have been prayed for, the application
must fair and the remedy provided for
by the other should not be granted un
der such application.
Appeal from an order of the district
court of Williams County Hon. .John
F. Cowan,, judge. Affirmed.
C. J. Murphy, for appellant.
N. A. Stewart for respondent. Opin
ion by Morgan, J.
In the case of Griswold vs. the Soo
road, appealed from the district court
of Richland County, the district court,
Judge Lauder is affirmed. This is an ac
tion brought to eject the railroad com
pany from a strip of land granted for
a right of way. The syllabus says:
A tenant in common of real estate is
entitled to the possession thereof as
against all the world save his cotenants
and may maintain an action in the na
ture of ejectment to recover the pos
session of the entire tract
as
Did you ever get into a coterie of
lawyers and hear them discuss the jus
tice court? Of course it is their busi
ness to be image breakers they spend
their lives in tearing down each other's
fine fabrics, and never are they so fun
ny. to themselves, or to the onlooker,
as when they are detailing their experi
ences with some justice of the peace,
who is more noted for common sense
than common law. But the climax was
capped in Towner the other day, when
the learned occupant of the bench, not
so long away from the bar, that he has
forgotten how it feels, gave a hearty
lesson to the local bar as to the only
way of getting the better of the justice.
"Just take a motion, have it over
ruled, and put on your hat and go
home."
The vision of the justicc left lament
ing, like Lord Ullin's daughter and
her poor old father, was too much for
the risibles of the local men, present,
past and future justices.
Indian relics found near the old Ely
crossing on Mouse River in the north
end of McHenry County:
One iron tomahawk with initials E.
S. on it probably those of a trader who
sold it to Sioux for a beaver pelt.
A round flat stone about three inches
in'diam'eifer weighing about twelve
ounces. ^Jt was used by poising it in
a rawhide thong which was then
doubled
fH*id
SHIN DISEASES Tr ffSS
And while not always painful are aggravating beyond expression. With
lew exceptions they are worse in spring and summer when the system begins
to thaw out and the skin
is reacting and making
m.
twisted until it formed a
stiff hamfle. With this hammer an
enemy jfeould be pounded. County
Superintendent Molyneux owns them
uow. Cor. T.
A with
816 Bo. 7th Bt., Minneapolis, Xinn.
such other skin troubles as usually remain quiet during cold weather,
break out afresh to torment and distract b^ their fearful burning, itching
and stinging. A course of 8. S. 8. now will purity
and enrich the blood, reinforce and tone up the gen
eral system and stimulate the sluggish cinmlstum,
nff tjtya
§)da+
thus w
summer.
i aod adt mi
ft»ei»ia&
the
1
®c*enxa of the hands
sre
and face for over a year, It was not
annoying and painful but very
sightly, Mid I disliked to go out in the
ltT66tli
1
i*1!4 doaen soaps and salvse
muoh discouraged
until I«ead in the paper of the oursa
performed through the use of 8.8. 8. I
had little faith at first but detonrined
to give it a month's fair trial at least.
mm plsased to state that I soon notioed a
slight improvement, sufficient to dsoide
me to keep it up. After the use of sis bottles my skin
was as smooth and soft as a baby's. This was a year
ago and I have never had any trouble slnse.
KISSCHBNBVA. B&IOOB.
s,
mmmMM
7
against
strangers to the title.
The owner of the land conveyed the
same to a railroad corporation for a
right of way upon the express condi
tion contained in the deed that if the
grantee failed to erect and maintain
a depot at a point named in the deed, the
land should revert to the original own-J
er. The depot was erected but was sub
sequently abandoned. It is held in an
action to recover possession: (1) that
the above provision constituted a con
dition subsequent and not a covenant
(2) that the condition not being re
strictive as to the erection and mainte
nance of depots at other points is not
void as against public policy (3) that
upon the failure of the grantee to main
tain the depot, the title and right of
possession reverted (4) that on the
facts of the case tfie plaintiffs are not
estopped from asserting their right of
possession, by an action in the nature
of an ejectment, either as against the
defendant or the public.
When the execution of a judgment of
ejection against a railroad corporation
will operate harshly and seriously af
fect public interests, a court of equity
has power in its discretion to suspend
its execution for a period of time suf
ficient to enable it to prosecute con
demnation proceedings. The action of
the district court in stayine execution
for a period of six months for that pur
pose, is approved.
Appeal from a judgment of the dis-'i
trict court of Richland County Hon.
W. S. Lauder, Judge. Affirmed,
Purcell & Bradley for appellant.
Charles E. Wolfe, for responded^
Opinion by Young, C. J*
1
'I TOWNER.
Towner, N. D.,
Nov. 3.—'To
rum: 'Indian summer
The Fo­
h£re,andeverjf
body enjoying it.
Ranching is still a prominent indus
try in the Mouse River country. Wit
ness the herd of 700 cattle that passed
yesterday on their way to the Stevens
ranch, once the home of Lord Thursby.
The four cowboys, with spare saddle
ponies, and a buggy with camp bag
gage. stopped by the well long enough
to tell us how they came from Wyom
over the Northern Pacific to Leeds.
In the Country Stock Can Oo Free Prom Dcc. 1
to April 1.
The approach of the winter months
in which stock is allowed to run at
large brings up the question of the
liability of the owner for the damage
and injury committed by his cattle, and
stockmen who are especially interested
in the matter are making many iti
quiries regarding the changes made in
the law by the legislature. The last
legislature made no change whatever In
this law, and the act passed by the pre
ceding legislature still stands. This is
the l^w of 1901, and the supreme court
of the state has not as yet interpreted iC
However, the 1901 law is construe^
generally by attorneys to be identical
with the law of 1899, excepting.the 1899
law allows stock to run at lar^e from
November 1 until April' 1, while the
1901 law reads "from December 1 to
April 1."
In a decision handed down,. Jan., 19,
1903, in the case of Ely vsj Rosholt,
an action based, on the 1899 law. the su
preme court says: "The destruction jf
respondent's property, complained of in
this case, was accomplished in the
month of February, 1901, (which was
before the 1901 law took effect), when
horses were permitted to run at large.
The damage was not effected through
any willful act of the appellant. It is
clearly the purpose of the law to re
quire the owner or person in charge or
possession of horses, mules, cattle, goats,
sheep and like animals, to restrain
them from running at large excepting
during the winter months, between Nov.
1 and April 1, when the annual crops
have ben gathered- and when, under
ordinary conditions as they here exist,
emblements and accretions of the soil
have ben housed, marketed or stalked
within incloures sufficient to turn
stock, and that during these winter
months the advantages to the stock
owners of being permitted to let their
stock run at large Overbalances the
disadvantages to a minor part of the
community in being required to pro
tect haystacks against ranging horses,
mules, cattle and sheep, As to this class
of legislation other states have
beetv
controlled by the same legislation, v:i*.,
the requirements of local conditions. It
is equally 'clear that if live stock is
permitted to run at large during any
portion of the year, an action is not
maintainable by land owners for in
jury to their personal property thereon
by
ranging stock at such times when
the ordinary precautions which common
prudence would dictate have not
been
taken to protect such property from de
struction. Applying the rule to the fae^i.
of this case, respondent's negligence
leaving his hagr
out upon
•.'.&&! vV,^i ijft' M'&g-Ttf*
£s$! »'r 'f' i 'fli
-V'*"
SHE PAH00 FORTJM AND DAILY EBPTJBUCAI^
v'-v-
My more having would be
v
To make me hunger more,
The more
:V-'^
'-v.
y -TB 1 &''f
•tfjT'-v-'itanrf'jM
•M
The
Crackle
Hear
the Sign
Thcy are Fresh
•-*.
STOCK CAN RUN AT LARGE.
an end'
field, afyt stock
#*oC^
*.wa?J
to was tfie
:direc^
k vwhm I«fi»lativf .department^
/j
v-..^.
7
^hakeepere/Macbethfh.
Uneeaa
the more you want.
As the law of 1901 is practically the
same as that of 1899, on which ther
above decision is based, the interpre
tation of the law as given in the case
cited applies ait the present time, and
we understand thai Judge Lauder has
so held in an action in the district court
of Mcintosh County.
NEW ROCKFORD.
New Rockford, N. EX., Nov. 5.—To
The Forum: D. H. Keyton came in
Brinsmade with the remain of Mrs.
Keyton yesterday. Accompanying hirii
.were her children* Catherine, Freddie
and Cora Robeinson. The pall bearers
were Ed Haynes, Wm. Mcjohn, Archie
McNichols, Andrew Harvey, Andrew
Gresser, Joseph Williams and Martin
Huffstead, members of the A. O. U. W.
She was a member of the Brinsmade
lodge, D. of H. No. 20. Crocus Lodge
$p.„2jL9f this place attended in a body,
meeting the hearse at the dgpot and es'
corting it and friends to the Congrega
tional Church where services were held.
Chas. O'Connell, the pharmacist of
Lakota, is in town visiting friefyds of
whichj he? has manjr gained while with
A. C. Buck here.
Rev. Willard Fuller, Baptist, of
Jamestown, is in town trying to get ac
giagitiytfd with those of his sect. He
called on Deacon Greely of the
|||aptist for information. He will
e Oh Anchors and Wings, Nov.
|1ie Catholics will five a big dinner
w.
kV:
tfjy,
fa:
.. A 1,
'W
BISCUIT
(yv* V* .W*'-
The more people eat them
jthe more people want them.
The more people want them
the more we want to make them
better and better.
It's just a case of more and more
Uneeaa
Biscuit
'-psV'
NATIONAL BISCUIT COMPANY
the state declared that domestic animals
of the kind enumerated in the statute
might run at large during the winter
months, it relieved the owner of such
animals from amr imputation of negli
gence in not restraining such stock
within an enclosure during these
months and such owner does no wrong
by allowing them to go unconfined, and
is not responsible to his neighbor for
their acts, if. for want of proper pre
cautions and care in housing or fencing
his perishable property, the neighbor's
property is injured by such animals so
permitted to be at large. The en
croachment of such animals upon an
other's land during these months is not
such a trespass as will sustain an
action for damages. The proviso in
section 6153 cannot be effective, and sec
tion 1549 cannot beoperative, and ani
fnals permitted to run at large during
the winter months, if hay and grain can
be left exposed in the open without
guard or protection, to attract animals
and create litigation. The owner of an
nual crops must take notice of the' law,
and adopt reasonable precautions to
guard from destruction such perishable
-property while stock is at large. 'The
general law imposes on the land owner
no obligation to fence, but when land
is left uninclosed the owner- takes the
risk of trespass thereon by the animals
of others running at large, and can
maintain no action for such trespass.'"
i 1 3 4 v
i k e V i .. V
TKIDAY EVENING, NOVEMBER «J toOtrf* S* 'V.*T* C,» N
you eat.
1
Z&(
daughter, left yesterday to winter in
Wisconsin.
J. W. Rfchter^ the Sheyenne ranch
man, was in town yesterday on busi
ness. V
Mr. and Mrs. J. E. Clure and family
left for Palouse, Wsh., yesterday, where
they will make their home.
Mr. and Mrs. John O'Connell and
family left for Minneapolis where they
will winter. They will be missed by
MAJtTIN MQTOf^
Fiesldeat
M. A. LBWIB,
President.
TNI
E. 8. LBWI8,
President.
ti
FARGO BANKING HOUS18.
4eLHNDR]0UI%
Vlce-Prealdest.
j* SAFETY DEPOSIT BOXES FOR RENT^t
'iftiiiaiits a Oeaerti Banking and Foreign Kxcange Basineas. Drafts' Oiawa
Dlrsct ea All Principal Cities 0C Inrope.
OIBacTOBS.
MABTI8 HBCTOB, O. J. deLUNDRBOlB, a. a. WB1GH«,
QUO. M. NICHOLS, W. O. MAUrADDSII.
O. G. BARNB8,
Vice-President.
iV-i '•"•L »,
B. W. QBABET,
Cashier.
MERCHANTS STATE BANK
•.
or fARGo
CAPITAL PA© IN $100,00041#
r^- 'rs-
J. B. WAT8OM,
•lee President.
I. W. SMITH,
PcwMtatT
J, W. YON NIBOA,
Casbler.
OF FARGO, NORTH DAKOTA
CAPITAL At® SORPLDS ....f'rfc£.. $150,000.00
DIBBCTOBB,
®*. .85- WATSOH, J. H. LKW1B, JAMB8KBNNBOT •_ a
J. A. UOWtQOWntf. W. VON NlMDA, FKANK ^SSSSi, F.^A. luTLS
fc. B. HANNA,
•lee-President
STATES
*-sf
*n
*hi'
f* iV iU-fiU u
their host of friends.
A. D. Tomlison reports getting foiff?
teen gees, the result of four shots
his farm three miles north.
Cor. N. R.
"Mysterious Billy Smith," who a&»,
quired some reputation as a prize fight
er several years ago, has joined the
Savation Army and is doing slum work
in the New York Bowery.
W..O. MAOVADD8IH
Qullll.
BANK
f.
J,} SJ- V'
''•f:
5
SlSfeSfi18
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fx' 0
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B. F. BPALDIMO,
Attorney.
V. A. IB18H
kas't Cashier.
V-
V-"'' I
•v..-
i'ffi
OIA8OTOB8. u.i
O. O. BABMU, H. W. G1ARET, J, B, CttONAN, I. If. WBAB. B. A. LBW18L
4. D. BMMTUA, XUOMA8 MAKMH, Jtt., W. P. BALI* J. D. MeUOMWBLU
ALH* BTBBN, tf. If. SPALDING*
•'•'M -M
8. S. LI UB,
Qulitsc.
DEPOSITORY.
$200,
•ABBA,
n J.