Southern Mercury United with the Farmers Union Password. (Dallas, Tex.), Vol. 25, No. 49, Ed. 1 Thursday, December 7, 1905 Page: 6 of 8
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BOUTliJSKW MKUUITBY AND FAKM JSKS UNION PASSWORD.
THIS ISI T
LAW POINTS ON RENTS AND LEASES
The HI rcury-Password
nl y Five Subscribers Take It
Now rustle! You can own one if
*011 will. Every Ur.ion Furmer
wants to read the Mercury-Password
Every farmer will want to read it
when "shown."
Cut from tliis paper the Rubsorip-
tion Blank. Talk a little Unionism
which is Mercury-Passwordism, to
a fow fanner friends aud get their
subscriptions
Remember OnlV Five new sab,
■cribers! Mend us tne list and money
and the watch will be sent you at
once.
THE MERCURY-PASSWORD
DALLAS. TEXAS.
SO YEARS'
EXPERIENCE
Trade Marks
/, - rnHT' Designs •
v "w" copyrights *c.
vantlon is i
ommunloa-
ou Patents
iktanu.
receive
KCKH ItlrtW, WI1.1IWMW .—'.'l
Scientific American.1
a bandiomalr lllo trnled waaklr. If r«e«t air.
SUNN & C0.3eiBro.dw.,. New York
Branch Offloe"« V Bt, Waahlngiou. D. 0.
Mention Mercury-Pass word.
! MACHINERY
For Van Winkle Cotto* Gim,
'eeders, Condensers, Presses-
Cotton Seed Oil Machinery, Mon-
arch Flower and Feed Mill Ma-
chinery, Shafting, Pulleys, Ele,
rating and Carrying Machinery
WRITE OR CALL ON
JOHN WINS. TAYLOR
Cor, Main and Hoaston Streets,
DALLAS, TEXAS.
{Agents for Texas dk the Terrltosler)
Mention Mercury-Password.
to
TOBACCO AND PIG8.
Write to Dr. I. A. Wesson, Wlngo,
Ky., for sample of fine select Leaf To-
bacco, 15 cents per pound; second
grade 12 cents and third grade 8 cents
per pound. Also for line white Ches-
ter Pigs at low price.
Mention Mercury-Password.
FINE LEAF TOBACCO.
I wfll sell Formers' Union mnmbtfra
line ChewlnR Tobacco for $12.50 per tOO
pounds. Smoking Tobacco 110.00. Free
■ample for 2-cent stamp. Address W. L.
FAKKS. Adams. Tenn. R. F. D. No. L
Pass along the Password. Every
Vnlon man must have it, of course.
Men! Ion Mercury-Password.
LEARN TELEGRAPHY
We teach the work
thoroughly and tnlck*
ly and place our gradn-
ntes In positions or re-
fund tnttlon. Write far
full particulars.
Povston Telegraph College, Houston, T«s.
Mention Mercury-Password.
BEST PfiSSEIStR SERVICE
Where the lease attempted to be made
Is Invalid, neither the landlord nor the
tenant haa any right under It, and It
Is as If It were never written, so long
ag the tenant has not taken posses-
sion under It. Neither party can go
Into court and enforce any of its terms.
However, If the tenant has come Into
possession of the premises under the
invalid lease. It will govern the rights
of the parties In some particulars,
though not In all. For Instance, a verbal
lease for five years yould be Invalid,
and neither the landlord nor the tenant
could enforce Its terms, unless the ten-
ant has gone Into possession under It.
If, however, the tenant has gone into
possession under It, the terms of the
lease will govern the rights and duties
of the parties to the amount of rent
to be paid, the uso to be made of the
premises, the matter of making repairs,
etc.; but provision as to the length
of the term, that Is, five years, Is of
no effect. In such a case the tenancy
becomes one from year to year.
There is a still further qualification
to the genera] principle as laid down;
If any of the provisions of the lease
are Inconsistent with a tenancy from
year to year, such provisions will not
stand. But where a written lease Is
executed on Sunday, and the lessee en-
ters Into possession en that day, the
lease is absolutely void for all pur-
poses, and reference cannot be had to
the lease In determining the terms of
the tenancy; so decided In a Wiscon-
sin case.
A tenancy from year to year under
an Invalid lease, such as we have de-
scribed, differs from an ordinary ten-
ancy from year to year In this: It is
the rule that where a tenancy Is from
year to year, the parties must give no-
tlco to quit, and the notice Is almost
universally, fixed at six months before
the end of the yearly term, unless the
lease specifies otherwise; In other
words, to end a tenancy from year to
year that runs on Indefinitely, notice
must be given by one party to the
other. But In the case of one holding
possession under an Invalid lease
(which tho law declares to be a ten-
ancy from year to year, notwithstand-
ing Its provisions for a stated term),
the tenancy terminates at the' end of
the time fixed by tho invalid agree-
ment, without* any notice to quit.
For instance, supposo I rent you
property from year to year for an in-
definite time. To terminate the ten-
ancy, notice must bo given six months
before the end of one of the yearly
periods. Now, suppose that I rent you
property for five years under a verbal
lease. A verbal lease for five years is
Invalid. But suppose you have taken
possession under that Invalid lease. The
law says you are f tenant from year
"to year; but in this case, If you aro
Allowed to remain for five years, It Is
not necessary that a notice bo given
six months before the end of the five
years In order that the tenancy from
year to year terminate then.
In one case a person who cultivated
a farm on shares, made a verbal agree-
ment, which was void under the stat-
ute, to cultivate It three years more
on the shares. Even though the agree-
ment Itself was Invalid for the three
years, the person making it having en-
tered upon the premises, the court held
that a tenancy from year to year was
established.
When a tenant remains in possession
of leased premises after tho expiration
of the term stated in his lease, he is
said to 'hold over."
Where a tenant holds over, he is
bound for another term at tho option
of the landlord. If the tenancy waif
from month to month, he is held for
another month. If it Is from year to
year, or for an indefinite time, he is
held for another year.
The question of when rent is payable
does not fix tho length of term. When
the term was for a year with rent pay-
able monthly, and the party holds on
after the year has expired, he is held,
not for another month, but for another
year.
The right to determine whether a
tenant may remain for another period
In case of holding over, belongs to the
landlord.
A landlord may, by quietly submit
ting to the holding over, be taken as
agreeing, as where he knows that the
tenant Is holding over and accepts rent
landlord's consent, either directly or
Indirectly given, has created a new
term, neither landlord nor tenant can
thereafter refuse to recognize It as ex-
isting. The law fixes the tenant's lia-
bility for holding over. Independently
of his Intention.
The mere fact that the tenant holds
over Is not of itself sufficient to make
a tenancy from year to year. The
landlord must In some way recognize
the tenancy, by the acceptance of rent,
or otherwise. In an Illinois case It was
held, that when a tenant held over In
order to take possession of certain new
premises of the landlord, he war mi'v
held liable for the time he «v 111>i
In a New York case, the parties at
the time the lease e*T>l' were negn
Mating for occupying another porn m
of the premises at a different rent. The
court hold that the tenant could not
be held for another year. If he vacated
the premises, under these circum-
stances, In a reasonable time after tho
negotiations had failed.
The course open to a landlord In the
case of a tenant's holding over and
neglecting or refusing to give up pos-
session, is to bring action"for ejectment
and damages.
The terms of the old lease, in case
of a new term by holding over, govern
during the new term.
If, when the lease Is about to expire,
the landlord notifies a tenant that In
a request for a 15 per cent duty on wool
was made on behalf of the Farmer
Commission, appointed to Investigate
combines. Other requests were:
An Increase of 10 per cent on engines
and boilers, and that certain machines
to be transferred from the free list to
a 85 per cent duty; five per cent In-
crease on blankets, a specific duty on
door bells and knobs and electrical
supplies.
"The Farmers' Union is in existence
throughout the 8outh and throughout
the country and is beyond all doubt the
most potential, eduoationsl and co-op-
erative agricultural union that the
country knows."—Atlanta «3a.) Dally
News.
BOHEMIAN VIOLINIST.
First Appearance of Jan Kubelik in
America.
New York. Dec. 1.—Jan Kubelik, the
Bohemian violinist, gave his first re-
cital In America this season at Carne-
gie Hall last night. His program con-
sisted of concertos by Mozart and
Wlenlawskl. He was assisted by the
New York Symphony orchestra under
the direction of Walter Damrosch.
Kubelik was given hearty applause and
■ in response played several encores.
After fulfilling his engagements In
this city Kubelik will make a tour of
the principal Western cities.
FANCY CROCKERY FOR CHRIST-
MAS GIFT8.
What would Christmas be without
the traditional dinner with the numer-
ous other seasonable dainties? But
something new in this line Is the prac-
tice, coming Into favor, of Including
various forms of cookery among one's
Christmas gifts. In the December De-
lineator there is a suggestive chapter,
giving many useful hints to this pur-
pose. "Suggestions for a Child's Christ-
mas Party," "Quaint Little Cakes for
Holiday Occasions," prove to be useful,
as well as something new to add to
case"he'retains'' possess'lon '' afteTtto I °ne'8 men«8' and "Home-Made Holiday
, , . I PavAraMo" on/i "TnKlft. nannratlnna fni
lease expires he will be bound for a
Beverages" and "Table- Decorations for
Children's Christmas Parties" close this
very valuable department of the mag-
azine.
new term at Increased rent, or on dif-
ferent conditions than what were pro-
vided In the original case, and the
tenant actually holds over, the latter is
bound for the new term at the increased
rent and under the changed conditions.
When a sub-tenant holds over, his
holding over is taken In the law to be
tho holding over of the tenant himself, Doty on Certain Articles Will Have
his act Is taken to be the tenant'B own
TARIFF QUESTION
act.
In one case where, at the end of
tho term, the landlord took possession,
but went ahead and collected the rent
for a series of years from sub-tenants
of tho original lessee and applies the
same towards the payment of the rent
due on the original lease, claiming that
the lessee's relation had been termi-
nated, a court of equity restored the
possession to the tenant, and compelled
the landlord to execute a lease of the
to be
Modified—Additional
«
Legislation.
Chicago, Dec. 1.—A dispatch to the
Tribune from Washington says:
After the house has disposed of the
railroad rate bill there will be a great
deal of attention paid, to affairs in the
Philippines. At the last short session
It was found impossible to do proper
premises to the lessee on the same I justice to the Islands, and much legls-
terms as the original lease, and to ac- iati0n which congress should have at-
count to the lessee for the rents col- ten(je(j to was neglected entirely. There
lected from the sub-tenants. . is plenty of time now for careful work
U T> ««-«
sub-tenant's holding over against the branch of congress if Itll necessary leg-
will of the tenant should be construed islatlon is not given proper considera-
as a holding over by the tenant him- tion. , , .. „
self Cnses are conflicting. The tariff on articles from the Phll-
£ .^iSrfhi mni* of the iPPlnes will have to be modified as was
Penalties are Imposedlnsome of attempted without success last year.
States by statute on tenants who hold There wjh aiso have to be some
over without permission; these statutes changes made In the currency system
are so many and so various that it 0n account of the decreased value of
would be Impossible here to enumerate silver, and If congress is in a mood
them there will be ^additional legislation,
A m,™ agreement te tfv. . I« .« | jjo-W «
a future date, does not create
ancy, nor does It give the prospective
tenant the right to possession. Yet, I
when the prospective tenant is permit-
ted to go into possession under an
agreement for a lease, a tenancy is
thereby created.
In determining what law governs in
the matter of leases, it should be
borne In mind that the law of the
State in which the premises are sit-
uated, and not the State where the
parties reside or make the contract,
governs the rights and liabilities of
the parties.
which the impecunious Filipino farmer
may raise money enough to cultivate
land and make a fair start in the
world.
TRUSTEES QUIT
SINKING SHIP
Officials of Mutual Life Insurance
Company Resign*
IN-
WILL EXTEND
INVESTIGATION
Calcium Light to Be Turned on
Iusurance Department*
TEXAS.
4 IMPORTANT GATEWAYS
TEXAS
NO TROUBLE TO ANSWER QUESTIONS.
Superb Pullman Vestibules
sleepers,
Handsome Reclining Chair Gars
(SCATS FREE)
ON ALL THROUGH TRAIN8.
ONLY LINE WITH fast morning and
evening trains to St. Louis and the
EH PuUman Sleepers
Scarrltt seat Coaches
change) to New
tnoutch
, Memphis and
oltiTd*&M!TH * ot iahour
Ian
(without
ranolsoo am
EUtMNT OIRIRO OAR* TO ST. LOUIS
OR THE
BALL"
Discussing further investigation of
insurance frauds, the New York Times
of Doc. 1, says:
As the result of the publication of
evidence taken in the Canadian lnsur-
investlgatlon charging former
State Superintendent of Insurance Lou-
is F. Payne had received $40,000 from
tho Mutual Reserve Life Association
In connection with a report by his ex-
aminers and of other disclosures be-
fore the Armstrong committee pointing
to relations between the insurance
companies and the state insurance de-
partment, Che investigation now will bo
extended to that branch of the state
administration.
This decision of the legislative com-
mittee and its counsel became known
this week. That Superintendent of In-
surance Hendricks will be called to the
stand tn the next few days Is now a
certainty. Employes ot his depart-
ment will also be called.
A possible, if not probable result ot
this Will be to extend the Investiga-
tion over Into 1908 by a renewal ot au-
thority to this committee by the In-
coming legislature or by the appoint-
ment ot a new committee, with most ot
its members ohestn from the present.
The committee has had the matter
seriously under consideration for a
week or more, over slnoe, in CsoL the
time when tt began to appear that all
the companies that have been called
or have requested examination could
not possibly be brought before the
New York, Dee. 1.—Following the
resignation of Justice Rufus W. Peck-
ham, tho resignations of several other
Mutual Life trustees are looked for
this month, says the Tribune.
Further drastic recommendations aro
expected soon from the Mutual Life's
house-cleaning committee affecting
conditions thus far unnoticed by the
committee but of far-reaching impor-
tance. It Is considered entirely un-
likely that District Attorney Jerome
will Interfere with the affairs of any
Insurance company this year. It was
reported yesterday that certain trus-
tees of the Mutual Life, Incensed at the
attempt of certain finance committee-
men to block the work of the Truesdale
house-cleaning committee, would ask
Mr. Jerome to lay certain facts before
this grand Jury. Ex-President M'cCur-
r,„,, „ Tf i dy of the Mutual Life, It was reported
Card. It will consist of poems, last n(ght, is considering leaving Mor-
storles, sketches, drawings and music rlstown, N. J., for a trip South, and
by persons prominent in the world of I may be unable to reappear before the
fled that ho purchased space in out-of-
town newspapers at $1 a lino for the
publication of edited reports of tho In-
surance Investigation, will soon retire,
It is said. Vice President Crannlss. it
Is understood, has been Mr. Smith's
sponsor in the Mutual, but his support
of the company's "literary agent" has
been withdrawn. ^
Will Issue Christmas Book for Ben-
efit of Unemployed*
London, Dec. 1.—Queen Alexandra
has not given up her interest in behalf
of the unemployed and has sanctioned
a unique plan to raise more funds for
them. This will be in the shape of the
Issue of a Christmas book which will
be entitled "The Queen's Christmas
art and literature ot Great Britain.
Algernon Charles Swinburne, Alfred
Austin, the poet laureate; Thomas
Hardy, Marie Corelll, Hall Calne,
George Meredith, Arthur Wing Pinero,
legislative Insurance committee.
| REDUCED HOLIDAY RATES VIA
80UTHERN RAILWAY.
I to points In Mississippi, Alabama,
sir Taw-™™ aimo . ITennessee, Georgia, Florida, North and
Sir Lawrence Alrna-Taoema, Edwin A. I Q .. nomiiMa «na Vontnoirv
— committee
1. There stlU
y January
remains the Prudential ot Newark, the
Aetna of Hartford and a halt doaen
more of the larger companies tc be
examined, as well as a host ot smaller
ones, and the .many fraternal organ-
J V ^ ^ ^
Abbey, William Holman-Hunt, Sir Ed-
ward John Poynter and Sir Edward El-
gar are among the hoet of those who
will contribute. The production of the
book will be practically gratuitous. It
will sell for half a crown and the pro-
ceeds will be devoted to the queen's
unemployed fund.
ALL RECORDS BROKEN.
Msny Hunters in Northwest Are Kill*
ed or Injured.
Chicago, Deo. 1.—A dispatch to the
Tribune from Milwaukee, Wis., says:
When the hunting season In Wiscon-
sin and upper Michigan closed last
night all records for casualties among
hunters had been broken. There are
twenty-six dead and fifty-five wound-
ed, some of whom may not recover.
South Carolina and Southern Kentucky.
Tickets on sale Deoember list, 22nd
and 2Sd, good returning 30 days from
the date of purchase.
For full particulars write to M. H.
Bon,*, West Pass. Agt, Dallas, Texas.
BRUCE'S PURE MALT WHISKEY.
Elias Hartz, Famed as Weather
Prophet, told of approaching cold
weather, and recommended Fnre
Malt Whiskey as a Tonic, Stimulant
and Safeguard.
"I am 87 years old and have been taking*
it for many years as a Stimulant and Tonic
and recommend it to all suffering from
Weakness of Old Age."
I
7
"This will be a good winter for the coal
man," Such was the early assertion of
Elias Hartz, of Reading, Pa., the man who
calls the approaching weather from the
close perusal of the breast-bone of a goose.
Approaching the age of 90, Mr. Hartz
has been gleaning weather forecasts from
the breast-bone of a goose for sixty-five
years.
Cv
;V
$
'})
X.
Mr, Hartz writes: "It gives me pleasure
. to add my name to the list of 'old people,*
and tell the benefit I have received by the
use of pure malt whiskey- I have beei
taking it for a number of years as a stim-
nlent and tonic. I am now 87 years old, hale and hearty and hope to live to a much riper old
age by the judicious use of it. To all who are suffering from insomnia, poor appetite and weak
ness of old age, I would cheerfully recommend it.—Elias Hartz, 249 Pearl Street, Reading, Pa*
Brace's Pure Malt Whiskey.
This frank and hearty commendation of Mr. Hartz, who is widely known throughout the
country because of his prophecies, to the invigorating and life-prolonging powers of Pure
Malt Whiskey, is one of the most remarkable and convincing on record. He reads and is depen-
dent upon no one for the little services and attentions of old age. He is firm in the belief that
with the comforting and strengthening assistance of pure Malt Whiskey he will live another
quarter of a century.
THIS IS THE WAY If you wish to k eep young:, active and vigorous, and have on your cheeks
the ro9es of health, and retain lull possession of your mental powers ,you must
take Bruce's Pure Malt Whiskey regularly and avoid drugs of all ki nds.
The absolute purity of Bruce's Pure Malt Whiskey is attested by the
fact that thousands of doctors and hospitals use it exclusively, and that it's
the whiskey recognized as a medicine. It contains ho fusel oil.
SS.OO
>$4.03
4.00
I.oo
1.00
.$10*00
IT 18 MADE All for $5.00, or four full quarts of either for $3.00. Write for free price list.
This is a special offer—Must have two names with each order. We prepay all express charges. We
guarantee safe delivery of everything. We give your money back if goods are nor satisfactory. If there
1s anything to be lost we lose it, not you. Only 24 hours from receipt of money to delivery of goods. Men-
tion this advertisement with your order. Writs for price list, and mention the Mercury-Password.
WE WILL SHIP C. O. D. IF DESIRED.
a
4 full quarts 8-year Old Moll wood worth
4 full quarts Bruce's Malt, worth
I quart California Wine, worth
I quart Apricot Brandy, worth
Total* •••••
i • ••••••••••«
THE BRUCE LIQUOR
398 Elm Street
CARNIVAL OP CRIME.
Deputy Sheriff Killed at JefMrson—Ne
aro Woman's Threat Cut.
Jefferson, Tex* Dee. 1.—Deputy
I Sheriff J. S. Dugan was shot and mor
tally wounded while trying to prevent
I a difficulty at % circus. He died at
I noon yesterday from the wound, and
will be burled to-day at Kelyvllle, four
| miles west ot the city.
♦ ♦ ♦
Funk Dandy, a negro, cut a negro
Th. umil «UC .mK woman's throat at a house north of
fcniV"><11 the Texas and Pacific depot at 1:45
killed were mistaken tor deer.
FARMERS ASK CONCESSIONS,
idian Commission
yesterday morning, which caused her
death. After cutting the woman's
throat. Dandy cut his own throat and
stabbed himself In the breast. He is
COMPANY, .
DALLAS, TEXAS I
Are you suffering from the effects of
Nature's Violations, Chronic and Nerv-
ous Complaints, Varicocele, Stricture,
Blood Poison, Lost Vitality, Kidney or
Urinary Troubles?
I will use you honestly, treat you
skillfully and restore you to health in
the shortest time. Honest, faithful ser-
vice, expert skill, rapid cures, charges
low. Perfect system of mall treat
ment.
Send for question blank.
Dr. W. H. Beits
8(7 Main Street, Dallas, Texas.
Mention Mercury-Password.
*00000000000000000 000000000000000000
B a
X-Mas Holidays
Low Round Trip Rates on Sale
December 21, 23 and 27
Good for ^Return 80 Days
Old States Best Route
Write for Information
W. C. STRAIN, C. P. A.
Fort Worth, Texas.
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Only $18.60 With
MERCURY PASSWORD
One Year **&•*■
We give an absolute guarantee for ten years con-
tinuous service.
We have SOLD MORE THAN ONE THOUSAND
of these maohines in Texas alone and have
not had one single complaint. They may be
found in almost every neighborhood in the state,
we furnish either Gothic or Drop-head.
TERMS.—Gash with order. No deviation. The low price t
hU machine Is,dae to the fact that by selling for oash and al-
ways having a stook on hand we save the expense ot delays
and keeping accounts.
SHIPMENTS.—All machines carefully crated and shipped by
freight unless otherwise instructed.
Address all or ers to
FARMERS UNION PUB. CO.,
^ • *
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Southern Mercury United with the Farmers Union Password. (Dallas, Tex.), Vol. 25, No. 49, Ed. 1 Thursday, December 7, 1905, newspaper, December 7, 1905; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth186220/m1/6/: accessed May 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .