The Fargo forum and daily republican. [volume], December 05, 1903, Image 3

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

Image provided by: State Historical Society of North Dakota

                
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U A I N 8 3 0 S A
Saturday, Dec. 5
HAMPTON &
By John: Crittenden, Webb
•ir vr'r.
PRICES...........11.00, 75c, 50c and 25c-
8YB. BAR, NOSE AND THROAT
PARGO. N. D.
-,•* .v,
dtLmdrccU Block, opposite N.P. DipoV
PROFESSIONAL CARDS
^ATTORNEYS.
LEH, ARTHUR B., ATTORNEY AT LAW,
offices la Muglll Building, Broadway afad
B'ront Street, Fargo. Practices in all
courts.
TURNER, H. R., ATTORNEY AT LAW,
Offices In Edwards Building, Broadway.
Praotlcps in all courts.
BARNRTT & REESE, ATTORNEYS AT
Law-Offices: 4 and 8, Morton Building,
Broadway.
COLE, A. T., LAWYER, ROOMS 19 TO 22,
Huntington Block-, Broadway
MILLER, HENRY F., ATTORNEY AND
Uounftdor at Law. Over Fargo National
«nanb, Fargo, N. D.
ROBINSON, J. E,, ATTORNEY AT LAW,
612 Front Street, Fargo. Practices in all
Courts. Tax cases a specialty.
SCOTT, W. A., ATTORNEY AT LAW,.
Oflico second tioor Morton Block. Broad
wiy, Fargo, N, ,D.
ARCHITECTS.
THOMPSON, K. F., ARCHITECT—PLANS,
HpecltlcatloiiH and superintendence—Room*
30 and HI, Edwards Building.
ALBRANT, W. C.t 'ARCHITECT ANf
Hupovintendont. Plans, catlmates and de
tails. Office: No. 04 Broadway, Fargo,
N. IX Telephone No. 58-4.
A. J. O'SHEA, ARCHITECT AND SUl'JCU
intendent, practical plans, specifications
and estimates furnished for all kinds of
buildings, Offices N. P. Block Broad
way.
BEEBE, M. E., ARCHITECT—PLANS
and specifications furnished for all classes
of building. Telephone 763 office at 618
First Avenue North,_ Fargo, N. D.
HANCOCK BROS., ARCHITECTS, OF
flce over Douglns Block, 118' Broadway,
Fargo, N. p. Plans and estimate* for all
klnus of buildings.
PHYSICIANS.
DR. WEAR.—DR. SO RK N
2
1
-—Present—J *v
ABeatittful Story et a*^
woods Folks
Sandy
Bottom
Moorhead special train will leave N.
P. depot at 8 o'clock, stopping at cross- *f
ing and returning after the performance
free for thenter goers,
y ySfaURTiUH JiSO SHARP.
Monday, Dec. 7.
iWR.. WALkER
4
Whiteside
In a New Satirical Comedy
Are King
We
By Lieut. Gordon Kean
Prices... •..t.J^i 75c,$Oc and 25c
Moorhead wpocial train will leave N.
P. depot at 8 o'clock, stopping at crvss
iag anj returning after
Jhe performance
free lotheater goes.
•©•©•©•©•©•©•©•©•©•©•©•s
m. H. RMtaafc, M. D. Dixatotk RMbMk, N.I.
DRS. RINDLAUB
SPECIALIST^.-*
ESS.—PHY 81-
clans and Surgeons. Office over Wllser's
Drug Storer. Office hours: 10 to 12 a.
m. 2 to 5 and 7 to 8, p. w.
All ROW & WEIBLE, PHYSICIANS AND
surgeons. Office deLcndrecle Block, cor
nor of Front nnd Seventh Streets, Office
hours: 0 to 12 a. in., 3 to 0 and to 0
p. m„ Fargo, N. D.
DR. C. N. CALLANDER DR. A. C. MORRIS
PHYSICIANS AfiD SURGEONS.
vV-Office Hours Office Hours:
to 12 a. m. 0 to 11 a. n.
,v h8 to ftp, m. 2 to 5 p, m.
7 to 8 b. m. 7 to'o pi m.
Tel. 345 K ofltee. Tel. 34S office.
845 Reslgfnpe. 1048 Resldencg.
UNDERTAKERS.
1 4ND LICENSED BMB^MBR—FUNERAL
•v..
ij Supplies. J. F. Rice, 8 South Broadway,
s rear of Moody's etofe.''
Fine and Cjen
I have closed a deal whereby I
control the Americaa Carrier Go's,
refrigerators, in which to ship
tei^-^uwct Irom the be^lc. OyMi
arrfve sealed, Iraoi, ice.. awtf
preservatives? aa&vVe sold for 35c
per quart. Trythew.
K C. A.
He»» Read
-iv
x+w-
WitofS'-i
W"-T-
German Evangelical Friedens Con
gregation—
Sel^e at
10:30 a. m., Giisrrnail Sunday school aft
er service, at. ite'church, Roberts Street
and Third Avemtoy North,- near Broad
way. All are. cdrdialty invited. ,E.J.
Fleer, pastor.
s
Protestant Ejrisco|)af, Gethsefltane Ca
thedral, sefihx^ tom6r^ow Holy
Communion, Jjrrh. 'Sunday school 10
a. m. morning prayer and sermon at 11
o'clock, preacher Rt. Rev. Cameron
Mann, bishop of the missionary district
of North Dakota. Vesper service at
o'clock in the afternoon.
iMITCHELL'S
x'.-^ I
V'i
WHERE TO WORSHIP.
Disciples of Christ, Sunday morning
at 10:30, public library building. Dr.
MaHgriau v^ti«havc char*^..^^ the .ser
vice:.-'
t'"
Roberts' Street E. Church Silifday
School at 2:30 p. m. League at 6:3a
Preaching at 7:30 by Dr. R. B. Miller
of Red River Valley University.E.
Vermilya, pastor.
-t'
t:-*
$'
Free Methodist—Services At church,
corner of Tenth Street and First Ave
nue South. Rev. W. D. Poole, pastor,
will preach at 11 a. m. anl 3:3a p»i m.
All are cordially invited.
First Methodist Episcopal Church
Class meeting at 9:30 Sunday school
12 m. Rev. R. B. Miller, Ph. D. will
preach at 10:30 a. m. Rev. C. E. Ver
myla will preach in the evening. I
Prof. R. B. Miller of the Red River
Valley University will address /the Y.
M. C. A. men's meeting Sunday after
noon at 4 6'clock in the association
hall,
corner of Eighth and Front Streets.
Plymouth Congregational Church
Morning—"God's Will—Delight in Do
ing It.' Sunday school at 12 Junior
Endeavor at 3:30 p. ""m. Evening ser
vice at 7 :jO. Kragne» a 3o p. m. X. H.
Lewis, pastor.
'lite next meeting of the Mitiiswrial
Association of Fargo and Moorhead,
will be held in the rdoms of the Com
mercial Club over The Forum office
011 Monday Dec. 7, at 10:30 arm. By
the, sec|etar^, John A. Zundel.
5
Unitarian Church, corner of Ninth
Street and Second Avenue South, Rev.
Elinor E. Gordon, minister. Rev. Fred
V. Hawley, secretary of the Western
Unitarian .Conference, will preach both
morning and evening. The Literary
Tea Cup will meet with Mrs. Scott on
Wednesday afternoon. There will be
no meeting of Unity Club on Sunday
evening.
First Congregational Church, Eighth
Street and Tliird Avenue South—Mbrn.
ing service at 10:30 to 11:50—"There is
No Discharge in That War." Evening
7:30 to 8:30, first of December evening
course, "Young Life—Its Dangers,
Problems and Opportunities." Bible
school 12:05 C. E. 6:30. Charles H.
Dickinson, D. D., minister Prof. I. B.
Penniman, musical director.
First Baptist Church, corner of Eighth
Street ana First Avenue South. S. A.
Hayworth, minister—Divine worship at
10:30 with an address on Christian edu
cation by Rev. A. J. Finch, president of
Sioux Falls college. This will be fol
lowed by the Holy Communion and re
ception of new members. Sunday school
.at noon B. Y. U" at 6:30 p. m.
gospel at 7:30 with preaching by the
pastor on A Governor's Reason or a
More Convenient Season. This being
the first of a course on Why More Men
Saturday Qnly^
TAPPV— «.
per pound :.............
HOT D8INICS—Alwaft Rw4y
jS-.
—,A'. :}y¥. --y^'i
%& IWO' FOfi^M 'AND DAILY RfiPUBLKJAlf,4 SATtTRDA^ SJVENIN(3^ WEeEMBEH^ H: ~1»0^
y .j I i' ,vf
Patterns, and
Trimmed Hats
Positively at Half Price
for This Week Only
v'
Are Not Christians. The public is cor
dially invited to all three services. A
special invitation is extended to strang
ers.
St. Mark's English Lutheran Church,
corner Fourth Avenue and Eighth Street
North—Services Lord's Day 11 a. irt.
and 7130 p. m. Morning subject. "The
Church, Its Officers." Evening, "Paul's
Last Exhortation to Timothy." Sun
day school 9130 a. m. and Luther League
6:30 p. m. The pastor's catechetical
class meets every Saturday at 10 a. nu
All are welcome. John A. Zundel, pas
tor. v.
Norwegian Baptist Church1—Corner
of Fourth Street and Second Avenue
North. Sunday service—Preaching at
10145 a. m. and 7:45 p. m. Sunday
school at the close of morning service
•B. Y. P. U. Sunday evening at
o'clock bible reading and prayer ser
vice Wednesday evening at 8 o'clock
All are cordially invited to attend.
SUNDAY CONCERT.
Suppe,
tTie
A
:r vs'.
Z
J%
A. H. Johnson, pastor residence 1493
Fourth Avenue North.
Presbyterian Church—First Avenue
and Eighth Street North, Rev. Edgar
W. Day, pastor. At 10:30 a. m. the
Communion service will be held, in coh^
nection with which there will be the
reception of new members. At 7:30 the
pastor will preach upon the subject*
''God's Call to a Large Place." Sabbatft
school at 12 o'clock Junior EndeavO|.
at 3:30 Young People's Christian En-'
deavor prayer meeting at 6:30.
The Ladies' Aid and the Mission Cir
cje of the First Baptist Church wil
h~old a joint meeting at the parsmiag
Tuesday afternoon at 2:30. This meet
ing is for the purpose of preparing ganT'
ments lor city's' poor in response. to*Jits*
appeal that has come from some of tne
city teachers in behalf of needy school
children.. Any one having any second
hand garments that you can spare please
sen^ .them to the parsonage on or^before
thdt dby.
Wi
"ffc# N. D. State Band, With J. H. Zimmerman
Director, (Hve« First Coocert Dec. 13.
The first Sunday afternoon concert by
the North Dakota State Band will be
given in the operahouse Sunday after
noon, Dec. 13. The band under the di
rectorship of J. H.^ Zimmerman, has
ben working diligently and untiringly so
as to -be iir a perfected state to render
this season's concerts in a faultless man
ner. The hand has been augmented by
several soloists and new modern in
struments so as to be able to produce
all the effccts originally intended by the
composer. The band now has a flute
oboe, ba£soon„ ten clarinets, three saxa
phones, six cornets, two trumpets, three
French horns, two bell up altos, four
trombones, one baritone, one euphon
ium, E bass, contra bass, string bass
three drums and the director. It is the
intention to arrange the programmes so
as to make the band even more popular
than before by playing some standard
and classic music as well as some of
the popular hits of the ddy.. No one
can judge what this large concert or
ganization can do after hearing fifteen
or twenty men out of the band playing
some small street engagement. Every
coiicert or theatre-goer will be sur
prised at the finished manner wkh which
this masterly organization plays, the
standard works now performed by all
modern concert bands and. orchestras. A
number of soloists will assist the band
during the seasoij and A. L. Intelhouse.
the popular corhet soloist and leader of
the Hillsboro band, wilt render a comet
solo at the first concert. The grand se
lection from Meyerbeer's Huguenots, the
overture Morning, Noon and Night
fMo
Tobaru, and Wagner's Tannhauser
Marce will be a part of the first pro
iff^mflae, No- one can afford to
ijtnt wafie.
(J- 'V
Fii"st
cfSist rub-
«ferflihi*g in e*cel-
DIRECT CXNNtCtrt#S
a
At, 'j
--^ix^ jnade at ^aul and
-twins
from
6* Wy%
^4*
**.
'i:y
The ^tate Supreme Court Has Hanled
D|pa Another Batch of
Evidence in the case considered
and found to show a waiver by vendor
of his right to cancel the contract.
(Syllabus by the Court.)
Appeal from a judgment of the dis
trict court of Sargent Comity Hon.
John F. Cowan, judge, sitting yre
quest.
Barnet# & Reese, for appellant.
J. E. $ishop and Charles E. Wolf,
for respondent.
Affirmed. Opinion by Morgan, J.
APPEAL DISMISSED.
The Bank of Park River, a corpora
tion, respondent, vs. the Town of
Norton, a civil municipal corporation,
appellant.'
i. In a money demand action, tes
timony, defendant moved for a di
rected verdict, which was denied.
Plaintiff then moved for a directed
verdict. The court then asked each
attorney individually, "Do you stand
on your motion?" Each responded af
firmatively. The court then discharged
the jury and made findings of fact and
conclusions of law in favor of plaintiff,
without objection- by either party.
Held, that the attorneys will be deem
ed to have consented to a trial by
the court ahd to th'e discharge of the
jury./-/ V. ..
The defendant's attorney in the
case stated, moved for a new trial, al
leging errors of law as grounds there
for. Held, thaffcucto--motion-id* Mot"
provided for in cases tried under sec
tion 5630, Revised Coles, and that
an appeal from such, 9?der wiJl a0t. be
entertained.
3. On appeals in cases tried un
der section 5630, supra, errors of law
occurring at the trial will not be re
viewed for the correction thereof, but
only in connection with a review of
the facts on the merits.
(Syllabus by the Court.)
Appeal from an order of the dis
trict court of Walsh County Hon. W.
S. Lauder, judge, sitting by request.
E. R. Sinkler, for appellant.
H. A. Libby, for respondent.
Appeal dismissed Morgan, J.
LOWER COURT REVERSED.
j". A. Patrick & Company, a cor
poratibn, appellant, vs. The Grand
Forks Mercantile Co., a corporation,
respondent.
Where goods are purchased by an
agent without disclosing his agency or
the name of his principal, the latter
may be held liable for the debt, when
discovered.
The mortgagee of a stock of general
merchandise entered into a contract?
with the mortgagor for the continua?
tion of the business, and embodied
the same in his chattel mortgage. Uit'
der the terms of the contract, the:
business was to be conducted by the
mortgagor as the agent of the mortv
gagee, and under the contract he had
atuhority, and it was his duty to make
purchases of goods to replenish the
stock. The plaintiff sold and deliv
ered goods to the mortgagor without
knowledge of the existence of the con
tract. It is held, in an action to re
cover the purchase price of the good*
so sold from the defendant mort
gagee, as an undisclosed principal,
that the trial court erred in granting
defendant's motion to dismiss the
case upon the ground that the com
plaint does not state. facts sufficient
-to constitute a cause of action. •.
(Syllabus by the Court.)
Adoi
by
Hungarian Fantasia by
Moses
miss
pits musical treat besides giving the
band the moral and financial support it
so richly deservest
..U .LIVERY
Jeft VouHg Co. now hfev^tletr
barn well fixed up, have secured lots
of nom and lie sow in better shape
than evet to care for their many cus
tomjecs, and any new ones who wil
*9i
ppeal from a judgment of the dis
trict court of Grand Forks County:
Hon. C. J. Fisk, Judg.
Tempheton & Rex, for appellant.
C. J. Murphy, for respondent.
Reversed. Opinion by Young, J.
CONTRACT FOR SALE OF REAL ESTATE.
James Hunter, respondent, vs. Johjn
McDevitt, appellant.
One who purchases real estate with
notice of an outstanding contract of
sale, takes it subject to such contract
aittf may be compelled, in an action of
specific performance, to convey the
aanve upon the performance of the
conditions of the contract. The de
cree in such a case should require the
purchaser to pay the vendee, from
Hki* anpaid purchase price, a sufficient
[tl«jto«Mit to (reimburse the Utter for
payments made to his vendor.
The. fcaxUi^g or refusal of a decree
of ss$d|£( performance rests in the
sound discretion of the court. It may
graitt or adtase such decree, or grant
t-onftr aposieonditions, in view of the
\t
pacific
Yv'.\
v V
DECISIONS
k.
cislbns on Appeals. .'.• &
i
T«rv
Some Important Points Disposed of irf
6ne or Two of the
Cases.
Ni'
'i &>.
Bismarck. Tribiner The •foll^wifig
decisions have been handed down by
the supreme court:
Catherine Timmini^ lippellattt^^b.
Peter Russell, respoiideWt:
i. Before the owner ©f land whp has
agreed to convey the same by a con
tract of sale specifying the manner in
which the land shall be tilled, the num
ber of acres to be sown to wheat, that
grantee shall pay the taxes and pro
viding that in case of falure to perform
the conditions by defendant, plaintff
may elect to declare the contract can*
celled and at an end, time being of
the essence of the contract, can cancel
the contract for noncompliance there
with hemiust proceed promptly to de
clare his election to cancel on discov
ery of defaults, and if he does not pro
ceed promptly to do so, he will be
deemed to have waived his right to in
sist that the vendee has lost his rights
in equity on account of failure to com
ply with his contract.
2.
to each case.
of a contract for the
(sis'"" 6f real estate, who haft
:e that the owner -has con
another and that the latter
l$b&e with Constructive
contract honestly be-!
i perfect title and
v''
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=tas:
•V.-^n:'V -v^
-v 7 -v r- -7 -i
A PBOMIMEWT MEMBER OF 0. «.
0. FRED LIJTDSTR0M, PAST ©RAND MASTER I. 0. 0. P.
O. #red
Lindstrom, Past Grand Master
Independent Order of Odd Fellows, Past
Chancellor Twin City Lodge, No. 63,
Knights of Pythias, also Past Chief Patri
arch, Ridgely Encampment,
No.22,writes
from 1923 University Ave, St. Paul, Minn.
"Peruna haa my hearty endorsement.
There is no medicine I know of which
can compare with it. I contracted a
eevere cold several years ago, which
from neglect developed into urinary
trouble, and threatened Bright'sdisease.
As one of my friends was cured of
Bright's disease through the use of Pe
runa I thought I would try it also, and
used it faithfully for three and one-half
months, when my health was perfect
once more. I have never had any trouble
since, and therefore think it is but juat
action for specific performance of the
contract, is not entitled to a decree
a$ against the vendee (except upon a
condition that he reimburse the latter
for such permanent imrpovements as
have been placed unpon the premises
prior to the commencement .of the
action.
(Syllabus by ^he Court.)fv W« •,
Appeal' from
4
Ask your druggist for a free Peruna Almanac for 19(94
judgjrfent^of dfos-'Slw-
trict court or Ramsey Couhty Hon.
John F. Cowan, judge.
Townsend & Denoyer, for appellant.
McClory, Barnett & Adamson, for
respondent.
Opinion by Young, C. J.
HARDWARE MEN
Grand forks Herald: The hardware
merchants and the machinery dealers of
in Um «V»KO«t
i
Mil 'is maltiqg
thereof and i
or objection,
institution o! an'
amwiB:5®#
Threatened With Bright's Disease Fe*ra«&n
Restored Him to Health.
V'VM^ -*Wv
.-••«. ***', V
..' df: i&'i *.-.\: u-.-|iii
to give it unlimited praise."—O. Stod
Lindstrom.
Catarrhal inflammation of the mucous
lining of the kidneys, also called
"Bright'a disease," maybe either acuta
or chronic. The acute form produces
symptoms of 6uch prominence that the
serious nature of the disease is at once
suspected, but the chronic variety may
come on so gradually and Insidiously
that its presence is not suspected until
after it has fastened Itself thoroughly
upon its victim.
At the appearance of the first symp*.
torn Peruna should be taken. This rem®
edy strikes at once at the very root of
the disease.
A book, on catarrh sent free by Thai
Peruna Medicine Co., Columbus, O.
Grand Forks and East Grand Forks ex
pect to afford those who attend the au
iiual conventions of the North Dakota
Hardware Dealers' Association and the
North Dakota and Northwestern Min
nesota Implement Dealers' Association
during the month of January, fitting en
tertainment during their stay in the city.
1
lie merchants have formed an organi
zation with S. Collins as chairman and
C. N .Barnes as secretary and the chair
man has annoBJjeed Jthe following com
mittees:
Finances—C. H. MeManiis, A.
Rhcinhart arid If. J. Sullivari
•Halls—D. W. L'uke, C. N. Barnfcs&nd
Leslie Stinson.
Entertainment—George E. Duuf,^$. S.
Houghton and Ole T. Ellestad.
4 /'"W
We Can Save You Dollars
r)0ur stock of Furniture is a winner.
'i-We are constantly ADDING to the quatity without incre^#e
iri,price.
1
we are constantly SUBTRACTING from tbo
grades without reduction quality.
MULTIPLY your wishes as you will, you'll be surprised
how well our stock keeps within the reach of your pocket
bctik
"r
DIVIDE your expenditures between parlor and bedroom
as you wish, our stock still meets your needs.
you want Furniture—a little different and better than tfee
ordinary—let us show you ours.
Remember, we can sell you qverythiq^g
home complete( Figure with us.
WASEM GAARD
Tbe Big Furniture Store With The Little Prtcetf? Larg«et
and Most Complete House Furaisher* In the We«t.
Licensed Undertakers and Fmfrelmas-s
On the Corner Broadway and Sec—d Ave—e Wei (Ml
in
tn ygMf