davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-09

commissioners to ascertain the popula-
ZION, this provision was, by its connec.
tions, mandatory.
Mr.. Richards argument was logical
and well delivered.
JUDGE POWERS
then closed the case, by reinforcing
the arguments of Judge Smith and re-
plying briefly to Mr.. Richards. he
C aimed that an enacting clause was as
necessary to the validity of law as the
Signature of the Governor, and was a
part of the common law of the country.
The form OF the er acting clause is fixed
by custom. l can defy any attorney
to search the laws OF Utah and find one
other law that has not an enacting
clause. Mr.. Richards had claimed
that the title OF the law would do away
with he necessity of an enacting clause,
but the speaker claimed that If the
enacting clause could be left off the title
could also be left off. He said that
when the enacting clause was struck
out, the bill became headless, with
out vitality and without force.
Judge Powers said that it was very
important that the question of the val
idiCy of the act should be settled at
once, because such important steps as
the issuing of city bonds and the
assessment of property for the purpose
of establishing sewer system were
made under this act.
Il The judge said that the great change
t at was made by the act was the
division of the city into voting wards.
and as this was the grand central idea
in passing the act, this question in the
law was so put for the purpose of Yot-
ing on it. The proclamation of the
Governor has no more effect than a
public statement to the effect that tie
population of Ogden City is so many
thousand. He claimed that the city
did not belong to any stated class until
1t incorporated under this law.
The Judge summed up in these words:
"No city can avail itself of any of the
privileges of this act unless it reincor-
porates under it."
An adjournment was then taken IN
til Monday morning at 10 o'clock.
THE HAYS CASE.
The Hays test case. involving the
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-09
Mr.. SMITHS ARGUMENT.

Ransford Smith made the first argu-
ment. He first declared that the act
under which the city of Ogden had
been classed as a city of the second de
gree was invalid for the reason that it
contained no enacting clause. On this
point he made long and eloquent
argument, quo ing at length from the
various authorities on the subject.
Mr.. Smith then passed onto The ques-
ton of the validity of the ordinance OF
Ogden City under which voters are
now beirg registered for the coming
municipal election. He contended that
even if the law were valid, the Ogden
ordinance could have no effect, because
before the city could pass that ordinance
it must submit the matter of becoming
a city OF the second degree to the voters
OF the city, as provided by law. And
followed that statement up with the
further statement that even after that
question had beel submitted to the
people, the ordinance would be invalid,
because not authorized by anything in
the statutes of the United States or in
the laws of the Territory. Mr.. Smith
enlarged upon these points and made
what was conceded to be very able
and scholarly argument.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-09

JosLIN & PARK are showing the finest
line of ladies and gents gold and silver
watches ever brought to this country
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-09

SKIRTS aud Shawls, just received at
AUERBACH & BRO. g.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-09

HJISIUIU ACIU EuOSpuHU6
Imparts renewed strength and vigor
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-09
TIE HAYS CASE.

The Hays test case, involving the
same points as those mentioned above,
was argued before Judge Henderson
at Ogden yesterday, and it is expected
that the Judge will deliver his opinion
on the matter tomorrow morningon the
conYening of court.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-09
NIB. C. C. RICHARDS

then arose to reply to Mr.. Smith. He
stated that he was present on invita-
ton of the Commission, simply as a
citizen of Ogden City, and as the repre-
sentative of no one. Mr.. Richards be-
gan by asserting that an enacting clause
was not necessary to the validity of q
law, unless so provided by the consti-
tuition of State or the organic act of a
Territory. He did not dispute that
ninety-nine other laws enacted by the
Legislature contained enacting clauses,
but contended that this did not prove
that such clause was necessary.
COMMISSIONER GoDFREY-How do you
arrive at the conclusion that that is a
law enacted by the Legislature?
Mr.. RICHARps-We come to that con.
clusion because we find it published
with the laws of Utah. It has the sig
nature of the presiding officer of the
House and of the Council. In fact, it
is accompanied by all the formaIities
that accompanies an act of the Legisla-
ture, except the words, "Be it enacted
by the Governor and Legislative AS
sembly of Utah."
There is an act of Congress that for
bids Territorial legislature to pass any
special act. With this fact in view, the
only thing that could be done was to
pass a general act granting certain
powers and privileges to all cities.
He claimed that the act itself de-
clared to what class the cities of this
Territory belong, and that the only step
necessary for the corporation of Ogden
City to take was to ascertain to what
class it belonged, and that no election
was necessary. "We are told that we
are put into the second class, and if We
have City Council we must have the
Council provided for that Glass;"
He said that under section of article
1 of the law, city that was dissatisfied
with its present charter was authorized
to exchange it by incorporation under
this act. If we wanted all the new
powers under this law, then we would
have to vote upon the question whether
we would reincorporate under this act.
He claimed that though the law says
city shall be authorized to appoin,
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-09

READING has seven large greenhouses,
stocked with plants for all purposes.
His store, pa East, Second South Street,
is open from a. IA. until 9 pm. I
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-09
THE MOST IMPORTANT QUESTIONS

involved, however, are those directly
affecting this city. For instance, it was
under this act that the bonds were re-
Gently issued by Salt Lake City, and it
was this law that authorizes our city to
assess property for the construction of
sewer mains, etc. Should the law be
declared invalid, it will be seen that
great complications will arise On these
points. OF course, if such a result
must come it cannot come too soon, as
delay will only add to the complica
tons.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-09
COALI
COAL!
COAL /!

Rock Springs, Red Canyon, Weber
and Pleasant Valley. Order now from
the Union Pacific Co. @. E. WANTLAND,
Agent. Office, cor. Main and End South.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-09
Ayers Cherry PeCtOraI,

PREPARED BY
Or. J. c. Aver & Co., Lowell, Mass.
Sold by all Druggists. Price 81; six bottles, s.,
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-09

Mark McKimmins' Livery Stable,
Main Street, opposite Postofice.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-09
LADIES EMBROIDERED HAND
KERCHIEES

We have
just received
An Elegant Assortment
Our own Importation
Which we will sell very low by the
half dozen suitable for Xmas presents.
Also singly as we aim to please and
suit all
Dolls Oolls!!
Jointed, Kid and Rag
from SOC. each.
/ THE WALKER Bios. Co.
SILVER Bon Boniere Boxes, Glove
Colognes, Glove Buttoners, Shoe Hooks
and all the latest novelties at Joslin &
Parks.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-09
AuctionI Auction 4!

AUCGlOnS AUCCiOn
On Tuesday, December 18th, at No.
665S. First East Street, at11 am, mar
Bile top bedroom set, toilet wash stand /,
bedstead, springs and mattresses,
Brussels and other carpets, extension
and other tables, cook and heating
stoves, lounge, Iglassd door cup
board, dining and kitchen chairs,
rockers, stands. clothes hampers,
hanging and hand lamps, lot of dishes,
glass and silverware, chicken coops and
fence, lot of vegetables, tubs. crooks,
trunks, garden tools. child's cot, etc.,
etc. ANDREWS & REINsIMAR,
Auctioneers.
Fur Trimmings, Fur Loops and Silk
Ornaments, just received at
AUERBACH s. Bios.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-09

LOOK out for jewelry prices at
I CARL G. AMUssEN's.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-09
AN IMPORTANT TEST.
The Validity Of a New
Law Questioned.
GREAT QUESTIONS INVOLVED
Is Ogden City of the Second Glass
A Hearing Before the Utah
Commission.

When THE HERALD published the
proclamation of Governor West, de-
claring Ogden to be city of the second
class, it was stated that there was some
question as to the mode of procedure
in the matter, and the idea was then
advanced that the subject would yet
have to be submitted to the people be-
fore the town was entitled 10 the priv
ileges of a city of the second degree.
This question, with others, has now
been raised by those citizens of Ogden
who oppose the division of the city into
voting wards, and the points are now
being tested. In addition to the Hays
case now before the First District
Court at Ogden, the Liberals of that
city requested hearing of the Utah
Commission on the subject, the under
standing being that their decision
should be reserved until the court at
Ogden had passed upon the question
of the validity of the law.
THE HEARING
COuVeHSU dL Inc u Tan COMMISSION
Office at 1.30 O'Clock yesterday alter
noon and did not adjourn until $50.
There were present Judge Carlton,
Colonel Godfrey, General McClerpand
and Mr.. Thomas of the Commission;
Ransford Smith and Judge Powers,
representing the Ogden Liberals; Mr..
c. c. Richards contending the validity
of the law and the ordinance; Registrar
Corey and Recorder Stevens, as inter
esteo parties and one or two others.
THE POINT OF CONTENTION
is as to whether the voters of Ogden
shall register for the next election at
large as under the old law. or according
to wards as provided by the new law.
The Liberals think that by voting in the
old way they will be able to carry the
entire city, but are afraid that if they
vote according to wards they will lose
some Of the precincts. The Liberals
were the loudest in crying for the new
law, the object being to have this city
vote by wards in tee hope of getting
representation in the City Council. If
the Ogden Liberals succeed in defeating
the law. their Salt Lake brethren Will
be in as bad fix as they were before.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-09

FANCY baskets, cut flowers in great
variety Gala lily plants in bloom ,pam-
pas plumes, at John Readings.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-09

CARL G. AMUssEN has put his prices
down to bedrock.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-09

TICKETS from Europe to Salt Lake
City only $54. Round trip tickets only
$3.50. Secure your tickets at once from
ia. Peterson, Emigration Age INT, 90 E.
Sc cond South St., Salt Lake City. Utaha
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-09

AMUssEN's stock OF jewelry is to go
at DIRT CHEAP PRICES.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-09

SEE THE largest stock OF mounted
and loose diamonds and other precious
stones in the west at Joslin & Parks. s
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-09

CHRISTMAS CANDIES from % cents up
a. Arbogast Il TTumbo's. t
The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1888-10-12
Real Estate Transfers.

Carolina Erickson to Albertina Peter
son, lot 6, block Is, Alderbrook. $500.
Rebecca Chapman to j. +. Chapman,
to Sol. Hirsch, lot 4, Sec. %, E15 NE1i
Sec. 81; NWA NWA Sec. SO, L. 6 n, Il.
10 W., 1877 acres, S687.50.
G. X. Grimes to Anna Pardon, part lot
l, blk. 2, Ocean Grove, SEQ.
Alfred Crosby to Gustaf Holmes, lot 5,
blk: 81, McClure's Astoria, $4,000.
w. L. Dement, and wife to Andrew An
derson, lots and s, blk. 80, McOlure's
Astoria. 5000.
Thos. Bramel to Alex Grant, lots and
4, blk. 123, McClure's Astoria, $l56.
L. G. Holden and wife to Alex Grant,
lot 4, blk. 123, McClure's Astoria, SIS.
Il. j. Bramel to Bridget Grant, lot /,
blk. 81 McClpre's Astoria, $25.
David Hogan and wife to Sam Harris,
NEI Sec. 81, Il. Z n. II. 8 W., $1,100.
W. G. Ross and wife to G. III. Cooper,
". Allen, Robt. Carruthers, Isaac Berg
man, Chas. Wright, half interest in NW4
and lots 9, 3 and and SE14 NE14 Sec. 4,
L. 8, r. Z W., 81.
CHI. Withers and wife to d.. Morgan,
VIZ d. l.. G. of J. w. and Orilla Moffett,
II. McKinnell to First Presbyterian
church of Portland, block 81, Adair's
Astoria, 81.
w. G. Ross, ct al. TO Mrs. Olive Win
ton, lot z, blk. II, McClure's Astoria, 81.
G. w. Shively and wife to Emma j.
Webber, south 100 by 80 feet lot 3, blk.
IA. Shively's Astoria $3.50.
w. II. Gray, Christian Peterson, John
G. Blake to Mrs. Carrie Howard. trnct of
land Sec. 10, L. n, Il. 8 W., S25.
The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1888-10-12

PEOPLE who indulge in the inele-
giant habit of wetting their foreinger
before turning the leaf of a book, will
do well to note the report of the au-
thorities of Dresden, who have been
investigating the question whether
circulating libraries are a medium for
the spread of infectious diseases,
They rubbed the dirtiest leaves of the
books, first with a dry finger and then
with a wet, microscopically texam-
lining the product in each case. In
the first case scarcely any microbes
were found on the finger; in the Sec
ond place plenty. Though all these
appeared to be of a non-infectious
character, the committee winds UP
with recommendation to readers moi
to wet their finger in the mouth fol
the purpose of turning over the
leaves.
The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1888-10-12

THE use of the word "tax," as iden-
teal with an import duty" has tend
ed to confuse few people only. I'm
port duties are not taxes in any
proper sense of the word. They are
a charge added to the natural cost of
the products of foreign countries.
They are a tax on our people only
when they are laid on articles we dc
not produce. An import duty on tea
and coffee would be a tax on our peo.
pie, because at present and for years
to come tea and coffee must be i'm.
ported. But an import duty on goods
that we produce is process by which
foreign nations are made to pay for
the privilege of competing with home
producers in the American market.
The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1888-10-12
Fer First Place.

A great amount of political engineer
ing will be done by friends of candidates
to secure for their man the first place on
the ticket, and the best man will prob
ably secure the coveted place. Then if
Endorsed by the majority of the people,
the election is assured. Electric Bitters
has been put to the front, its merits
passed upon, has been indorsed, and
unanimously given the first place
among remedies peculiarly adapted to
the relief and cure of all Diseases of
Kidneys, Liver and Stomach, Electric
Bltters, being guaranteed, is a safe in
vestEent. Price 5oc and 81 per bottle
at Jno. c. Dement'S Drug Store.
The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1888-10-12

A DISPATCH from Winnipeg, Mani
toba, says negotiations are daily In
progress between the Greenway gov
eminent and the Hudson bay railroad
promoters. Government officers guar.
antee S2,5O0,0OO upon satisfactory Sc
curity to be given for the completion
of the entire line, also to aid in the
construction of an additional sixty
miles this fall upon the same condi-
tions.
The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1888-10-12

The French have discovered q
method of making smokeless powder
the detonations of which are scarcely
audible, SO that the firing will not re-
veal the whereabouts Of an army.
This invention and the superiority OF
the Lebel rifle have excited great at
tention in military circles in Europe,
and are likely to effect revolution in
warfare.
The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1888-10-12
Nine Million Dollars Found in the Earth 4

A Russian peasant named Leyotch-
ko has just discovered an immense
treasure trove in the village, of Staro-
gorodki, in the governorship of
Tchernigow. The peasant lived
upon land forming part Of the estate
of Prince Ostersky, whose ancestors
were plundered and expelled from
their possessions by the Tartars, and
there is no doubt that the treasure
and other articles found date from
this period. Levotchko was at work
for ten years in making this discov-
cry, which includes, beside many
precious articles and manuscripts,
twelve large boxes filled with, very
ancient coins of fine gold. The total
value of the find is given at II, ,0OO,0 900
rubles, two-thirds of which. go to the
state and one-third to Levotchko,
whose share will amount to approx
mately 9600,000 sterling.
The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1888-10-12

CHINESE criminal law requires a
murderer to confess his guilt before
he can be condemned to capital pun
ishment. If circumstantial evidence
is against him, the unhappy prisoner
is usually hogged and tortured every
few days, until life becomes such O
burden to him he is at length glad to
confess in order to have the execu-
toner end his misery. .4
The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1888-10-12

THE new 6-inch gun, throwing
100-pound proiectile and penetrating
13 inches of plating at 1000 yards, is
a gun of sufficient power to deal
with almost anything built or build.
ing. 1t may fail to penetrate the
strong patch, but it will knock any
other part of the ship and most of the
men to pieces.
The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1888-10-12

SOME people might think that the
chief interest of the time is the polit-
ical campaign, but according to "Bes-
sic" writing to New York paper,
they are mistaken. She says: "The
first question of the hour for women
is, how to civilize and improve men"
The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1888-10-12

THE following notice is posted
prominently in down town Office in
New York: We Have Time for Busi-
ness or Social Calls, But Our Opinions
on Religion, Politics and Baseball
Are SO settled that We Do Not Wish
to Discuss Them.
The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1888-10-12

For the first time since the war the
interest bearing debt of the United
States is less than billion dollars,
the exact figures on Saturday, Sep.
tember 18th, being S997, ,732,972
The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1888-10-12

A SPANISH general of Barcelona
has bequeathed a million francs to
found refuge for the orphan daugh-
ters of poor officers, a proviso being
that each must be beautiful in face
and form, "because the more lovely @
woman is the more she is exposed to
danger in this world"
The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1888-10-12

All the patent medicines advertised
in this paper, together with the choicest
perfumery, and toilet articles, etc. can
be bought at the lowest prices, at J. W.
Conn's drug store. opposite Oc,ident
hCtel, Astoria.
The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1888-10-12
ADVICETO MOTHERS

MRS. WINsLow's SOOTHING SYRUP
should always be used for children
teething. 1t soothes the child, softens
the gums. allays all pain, cures wind
cholic, and is the best remedy for diar-
rh9a. Twenty-Five cents a bottle,
The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1888-10-12
TelephoneL Lodging House.

Best Beds in town. Rooms per night
30 and 25 cts, per week S1.50. New and
clean. Private entrance.
The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1888-10-12

The latest style of Gents Boots and
Shoes at P.J. GoopMAN's.
The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1888-10-12
When You Go TO Portland

Frank Fabre, Occidental hotel restau-
rant, will be glad to see his Astoria
friends, A good dinner at moderate
price and everything in season.
The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1888-10-12

The finest and juiciest steak at the
Telephone Restaurant.
The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1888-10-12
Private ROUus,

At the Telephone Restaurant for sup
pers, parties, etc. The best cooked tC
order.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1888-06-22

the blow, so well did he mark his counten-
ance on that bloody ground After the bat
tie Rummel helped to clear up the debris and
bury the bodies of men and horse, and he
found on every hand evidences of the most
terrible encounters. Horses with their necks
broken, lay where they had met in the
charge. Men who had fought, Us III duel.
where found side by side, and tie Union
saber and Southern pistol had done their,
terrible execution with the cOmbItaats a.
arms length.
During these exciting times The r:t!cc-s e.
Gettysburg and vicinity were not indifferent
to the fate of the Union arms Many IF the
active residents were already IN service,
among them Gen. Crawford, Surgeon Tate
of the Third cavalry, and other OH 'ers. The
reserves had one company whose members
fought on the "a and Sd within sight Of
their houses. When the COnfe'lrrateS first
crossed the border the students Of the two
scmnares in the town formed all emergency
company and were ordered away to Harris
burg by the governor, and local company
of cavalry was formed, which did good
service as scouts and guides.
The fighting ended on the Sd hut the &C.
federatcs lingered in their camps two days.
On the 4th, as Gen. Lee was riding over the
field in front of the ridge, wounded Union
soldier raised himself from the ground, and
waving his hand toward the men in gray,
shouted as loud as he could: "Hurrah for
the Union!n A member OF Lees staff states
that the general diSmounted and went up to
tho soldier. took him hy the hand, and re-
garding MIN with u kind expression, said:
- son, hope you will soon be well Of
your wound and return to your friends
Probably the saddest scenes on that field
were when the body Of Reynolds was borne
away in the midst of the fighting and the
hurrymg movements OF reserves coming on
at the -, uui of tie guns, y short distance
below the town Hancock met the little cor
tege and learned of Reynolds death and Of
tho state of affairs at the front at the same
instant, for the first dispatches sent back u
headquarters had not revealed the truth, but
simply said that he was wounded. Next the
cort.Se reached Mcade's headquarters at
Tanoytown, and there the leeSs fornt
confirmed the worst to Meade and his chiefs,
Warren, Hunt anc Others,
Such was Gettysburg Tor three days, and
poets need not look to other lands or other
races for themes to inspire their pens with
eloquence. GEORGE L. hILMEh