davidaulloa/AmericanStories huggingface dataset:
The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-23
nRRElKMa mn coLoR LIVE,

'IhEihINF INi tOibh LINE
SOW and thou our cau are startled aud
cur -cusc surprised hy the rotclccIion
uttcuuccs II the radical Republican OF
gaus. NE ST. iHrs Ghi,- DmrrrH. Ia
rrccu, uc, hal au editorial ou "Brg1F
ing the Color Lime" which indicates q
disposition on hc part OF Chat journal to
turn over new loai. SIC assure our
rcalor that, la the course oi tho editorial
referred o., these words occurUl
whatsoever s,eu.g ib.r, ms, la,s lrsn lu tho
pot iHr tls rsaHIIr.It uf tIr color line To- ,,
ifiencn bow /, d.iHHoli io uu.h vhIteB nul
nrsrs.. .Gl It continuance ans lurUr would Hr
poiiur4 crime ipf uhlrh inr plH, rsruusIh'e
would io hrs 90 u raid accountability hl thr
cuuuir. Thi, cunlii M oi thing. his luIurfi tbc
Republican IanI iy arr5in against Dc millions 81
white uru On tat .uotiHn who wouli abandon tiu
bourbon organization 10 uIr in,ai ui thc aau,iiUl
"ueru domination WrIr fImotUi Do bias mjuri
the nUrTuC' by drpriNHs them u' fhy tol.Urti fr.
Negative. guaranteed thgm ty thC Constitution.
but, as Il thh were not enough, M
G'ol-h maraH proceeds % saw
Tho limo has comic flI nov d,p1uurc l,y mo
c1lufld man. fnr lupuHIrlu p.ry nttia, tho
ncrrO tgn0ui0rth a. Iu.k tn che ru.,ut aud miuft
rather Than to che Tasl Hui ho studied m hIs rr.
lWcal Affiliations solely hy h.s views pn thr vital
ir,uUs Of ihn tuU itu.IH thr uHFfo t1 UIsmaas 10
srurmsui If FTsufHfH 40 Ibr Republicans 1r tasi
tyus. lu1 support tHo party uIUsf polite, On hc
question: nI uiay b. mu.I ur.riy iu harmony with
hnunH'IuHut Tuis 1ugH uut iHU1u That tHr IcpuI.
III ufHTN H iHUsIuE uU u..H1 overheard" Tho
UDhn.H. BE- t'at while tHe party U.u urHrlt au iha
vote NH..H HH E.tts. fh.'IUEU. fHsf Die own Co.,
tcrtu. f we'll a. NU iufHH.s fol. tIg rsfiy. OBJ.
South HHl hr county demand iHh. thg usrul ,1t.
D. divided bpisp.u iHr ErpuHIirHrs auI 700 Is.H
U.rHu. Aii,..iuH 90 iif hbirls suuIi Us followed
byH i,N.u d t.e vbUr, Now arf rational
nNHu"ut .' pHH.r in iID .1Ifl NnUi utr r'Htr
nnl u'. ...r. vou.t if.glT obtain 900 tlr ro.i.o
triNi.u" gHH.rf~i upon hin HJ .hr laws
Wei may ihc rradcr oxclaim. ella
The millennium Gomez" Herr is the lead
ing Republican journal OF che Southwest
absolutely advising ibg negroes Ito lis
mis- a.i aruim.ui of Fgutu1o 90 the r..
publicaus Tor post hyor., and urge, On,
race 90 divide votes between Ono tNl par
tics This IL all very vcII hut Tr Ar
rEAL this morning prints Information
from Washington, which rcs @
show that Chairman Quay 9
laying bis pipes to prevent the admission
into the Finy.Gnt Congress Of mo-. ls
than fifteen Southern Democrats win
have been elected Thus. whilo ~
Ghlt-Dwocu' b. waving the olive branch
ihe ENABLED hand" Of Chairman Quay
liucd mcnaoinply ai he other end oi'th
liuc This Is tho curious situation Ma
now appeals 10 the earnest contemplated
81 The southern Democracy. what's up
The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-23
POOR MRS. nInnARp.
sho sooms to Do octtlns Hard Deal
In Her suit

sho soems to 90 Getting Hard Deal
In Her suit.
PirrmuWu, Pa. Nov. %. When the
Beaver County Court opened this morn
ing Tor the continuation Of the llibbnrd
breach ol promise case, the defendant ~.
sumcd his testimony, and wis subjected
10 rigorous crnsscxaminalion by tn,
plaintiffs counsel, but his evidence was
unshakon. lie denied In toto the nllcga.
lions Of n tender nature made by the
plaintiff. He did not say that his love for
hor was ~ great that II she 20 com.
mandcd him he would jump oil the train.
and lac had never kissed her at home, on
the train, ~ anywhere else.
Referring 10 the Rock Point picnic, he
said he had talked to Mrs. Ilibbard ON tho
occasion, did not notice any embarrass.
mont on her part AMI had never seen her
embarrassed in his he. Laughter. Sue
told him the val story Ot her liip and no
felt sorry for hc-. "shc then, said hc.
told me | was the only man she ever
impossible. ] said hoped thA subj ct
would not come Mp again. aud afturNarl
let her house. She in April, 1855 asked
him 10 call. lac declined twice. She wrote
again, nnl hc took the note IN his hand,
went to her store and asked her what her
meaning was. She invited him In and said:
"What docs this mcan7 Nou have been
paying attention 10 me ior two years, aud
have asked me TO marry You two or three
times"
lie said. "Slop right there. You are
an unmitigatcd liar and adventures. I
know you now; | hayo found YOU out. A"
lie left after a short time Tor Cincinnati.
and upon his return saw notice In q pa.
por that she hal brought suit again, /
him. Tho case viii probably ~ to the
jury tomorrow, and verdict IL expected
10y saturday morning nj the latest.
The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-23

eral thousand acres. Of coal and iron lands
in DE Kalb county The officers OF the
organization are as follows; j. w. Spald-
ing, banker ofBoston, president; ID. ii.
Goodell, Governor OF New Hampshire,
first vice-president; II. D. Pierce, Secretary
OF State OF Massachusetts, second vice.
president.
The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-23
THE oHArrANo0oA HOLOCAUST.
The valise of Gen niygnr Found In
tho River Fillad Wlth at1nos.

tho River Fillad Wlth stones.
CHATTANOOGA, Tom, Nov. 22.--Gen.
II. IL. Biggar, Of Atlanta, Ga, was one Of
those who lost their lives in the European
Hotel fire on the night Of November -,
which is supposed go lave been incen.
diary. Gesesterday his yaIisc, filled with
stones was found in lhe Tennessee River.
The money which Con Higgar was known
to have carried in lha yaiso was gone. A
negro NAMED Webb was arrested in Gin.
cinnati few days ago, aud hn Is believed
to be- the one who robbed the yalise.
When apprehended Doe bad 81, 400 on his
person. The detective arc still al work
ON the ease, and are certain that they will
bc able 10 show that the hotel was burned
TO cover up the murder and robbery.
The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-23
AN UNKNowN NAN SUICIDES.
He 10 Supposed 10 Hayn Boon Printer
and Was Pcuulls55.

nc 10 hNpP97eu 10 aAAs' IHNn II A-FlnEeF
and Was Pcnul'e55.
Special Dispatch 10 The Appeal
NASHVILLE, Tenn, Now 30. -W.E.Rich-
arlson was found dead Ia his chair in tho
rear OF the railroad saloon ON North Col
lego street tonight A package Of NOR
phine was found in bis pocket, aud upon
examination the physicians decided that
lac had died from thc effects Of dose Of
morphine. lis name Wa found ON his
shirt collar, bu, lcyond this nothing Is
known Of him. lie was about twenty
yceH old, 30 supposed 20 have brcna printer
and 10 have como from Louisville. 30
money was found on his person. and IL is
thought that ho committed suicide bc.
cause lac was broke.
The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-23
LlttInu I,exyis-

Tho sale Of seats for Miss Lewis engage
ment at the theator next week win open
at the box Office tomorrow, Saturday,
morning. The repertoire OF the engage
ment is, Monday night, "Articc AZ
Tuesday, "As In Looking Glass"
Wednesday matinee, Unequal Match, F"
and Wednesday night, "Dona Sol"
The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-23

rumApELruA, Pa, Now 28.-The
Very Row Maurice A. Walsh, LID,
pastor Of 81. Paul's Roman Catholic Church,
and vicar-Gcneral Of the Archdiocese OF
Philadelphia, died nj his residence al an
early hour this morning oi Bright's dis.
case Of the Kidneys and blood poisoning.
after an illness OF six weeks. lie was
hiiy.flve yoaIr OF ace. lie was ordained
10 the priesthood In 1885 In this city, and
In 1858 ho. was mado Nicar-Gcnoral by
Archbishop Wood.
The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-23

AEw ORLEANS, L., Nov. ga special
from osyba, Miss, To tho Picrwpc says
Felix llaVanardo, prominent druggist
aud a man of family, was aSsassinaicd ut 7
o'clock tonight The assassin, who had
boon hiding in pile Of lumber. empliol
both barrels Of gun loaded with buckshot
IN the brast Of llavanarlo, killing him
instantly. There is no clcw 10 the muir.
dcrcr.
The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-23

wAsmNoIoS, Nov. 29.-The publication
Of the twcniy.second volume Of the Tenth
Census report, which has just been issued,
completes the most elaborate work Of the
Kind ever undertaken In The void. The
taking Of the tenth census was provided
for by an net Of Congrcss approved March
3 1879, appropriaing S3,OO0.0O0 Tor tho
work.
The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-23

Prom Yesterdays sc.ml'ar.
ono Of ,hc finest criticisms ot Chat most
rImlrknhlc novel, Robert Elsmop.' we
have yea rend appeared in rm Mrumf.
AWE,t II Sunday last Tho critic rcyicws
Mrs Wants work ~ though she read even
the iuuurmust thoughts of the author.
The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-23

TV''IlI IIsIlI'N W no NVIU1TI
bIRAiSonAM, Ala, Nov %. com.
pany With a capital stock Of 5000 600
WIS organized in this city today by East.
orn capitalists. The purposes OF tho or.
ganizaiion are 10 develop and operate SOW.
The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-23

CoTroS receipts yesterday 1893 bales, Of
which d,7l6 arrived by rail- 81 by river
and 200 by wagons. salo,, LOO bales, al
g. spinners. Receipts same day laa, year,
t,s30 bales Receipts thus iar this season.
275,75i bales, against sIo, $40 bales ior cor.
responding limo last season. shipments
since September I, 1881 bales, against
The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-23
Local MeIcoroIogicnI Report.

Memphis Signal o0ico Repodl
MEMPHIS, Tenn Nov -, 1858
Time llor Tenn, Hum'
NJ ts,tsssts'sss. ssss''s sstsss'..' ~ '' ~
,..,,,.,,..,,.,'..',"oh@h 1+u 80
Maximum temperature, iGS minimum tempero-
turc, GL River at g PM 23E change In p hours
O.N Rainfall IA past O. hours, tuco
The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-23
obrTuARY.
capt. IRA y. nurrli,.

WAsUNUroS, Nov -. Capt Ira n.
Buuiit, editor and proprietor Of the Sir.
day Hlodd. oi this city. died NJ nm early
hour this morning at Garfield Hospital Of
cancer Of the bladder.
The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-23
Two 'Sarriage, a' Jnei,.ou, Tenn.

Special nispaIcn 20 Tho Appct.
JACKSON, Tenn, Nov. 22-Dr. q. L.
Major, prominent physician Of Fulton,
Ky, and Miss Mayiowcr Jones. the highly
accomplished daughter Of tho Rev. Juiu,
Jones Of this city. were mauiolat iho resi-.
dcncc Of thg brides father ut $3.50 O'Clock
this morning the Rev. r. y. Ramsey OH.
ciliing
Mr.. William Taylor. Of the furniture
firm Of Implicit q Taylor Of ih.s city. and
Miss Fannie fcuion, II thi. county, we've
married at the home oi the bride five
miles east ui this city, at o'clock this
evening, the Rev j. III. Nall officiating.
The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-23

Making total rate property
Such a rate Of taxation would closely ap.
proximaic the net rental value OF real
property, "a also the net collcctablc inter.
csi on money. No between making no
progress, M now, with $50 tax, and pro.
guessing, at a rate OF i've miles per annum.
az a tax rate Of ass We have siagnation
and financial ruin ~ tho alternatives.
Again, 10 issue bonds 10 an amount
necessary b. build sCycnty-hye miles Of
new STREETS and maintain aud Keep la ~.
pair the whole system, adhoring nj mmo
limo 10 the plans Of construction hitherto
adopted, the amount would reach 5000.
600 aud II moro durable and costly streets
should be constructed, mirht exceed that
amount several millions moro, raising
the issue u bpnd1 probably b. 5000. OOO.
Add 20 this the present city debt OF some.
thing over s3,OO0.OoO, and the debt Of
Memphis would reach the appalling sum
OF sS,0Oo,O00, the annual interest upon
which would be SiS0,OQO, raising the tax
rate upon present values 10 go per an.
mum.
II seems ycrYcyidcnt that neither Of the
three proposed plans viii meet the emcr.
goncy. But there Is solution Of tho
problem which, with my experience In
the construction Of the turnpike system Of
the county, now embracing over thirty
miles OF road, commend with great con.
hdenee " the earciul consideration Of the
The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-23
THE WEATHER.


wAslnSoros, Nov. q, pm, 1884
n For Mlsslssippi-Fair weather northorly
winds; stationary temperature.
F. For ArkanSls-Fair weather; variable
winds slightly warmer IN eastern portion; station
AIRY temperature IN western portion.
For TcnneScc-Fair weather northerly Winds:
stationary temperature except In western portion
SLIGHTLY warmer.
The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-23

'f''|ul liHUhtrh io The Appeal
CopFEKyllLE Miss, Now 22-Mr David
Quarlcs, Of st. louis and Miss Lucy lic'lc
l,udyr,ng,, of tho county, were united Ia
the holy bonds u uairimony yesterday nj
the residence u Mt Lem Kelly, neat here.
Many friends were present to witness the
happy event.
The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-23

IT would make Atlanta very proud 10
secure direct connection with Memphis
She could then plume herself ON her COM
mcrcinl oppouuuidca
The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-23

TuE impression prevails that Gov.
TAYLOR will issue the certificate Of election
to Evans, the Republican candidate Tor
Congress. in the Third District The
amended returns" do not appear to
amend tho result
The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-23

MANY English Statesmen affect to be-
love that the French Republic 20 toppling
Il Is about timo Tor France 10 contribute
.omOlhIng -,nltinnaI % history.
The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-23
More Faei. From MAI. Fleece.

To The tdltnf Of Tho Appeal
II Is stated in a published interview with
President lladden that tax rate Of S2.5d
would afford revenue for al purposes
equal TO that Of this year. Twenty-iour
cents Of this total Is for streets, amounting
10 $4,000.
Now. ii-as reported by Maj. Mcri.
wcinor-tho annual cost Of repairs OF
payemonts for the four yoar5 ending
December, 1885, amounted to an annual
average Of $4,000, II would be fair 10
estimate annual cost Of repairs OF the
twenty-five miles Of streets now paved at
$4,000, thus leaving out Of a tax levy Of
$4,000 only about $4,000 per annum for
new street extensions AN amount which
would extend the system at former prices
only about one-lhird OF mile per annum.
But while there Il much absolute unan.
unity IN the demand for paving the un.
paved streets, now scyenty-iiyo miles In
icnglh, there are many who prefer 70
accomplish this by an annual tax suili-
cicnt for that object.
To proceed with such scheme at the
rate Of five miles per annum would require
an annual levy for streets Of S2i0,OO0. The
rate OF taxation would be.
CIV TIfH .....4.. ......... n d
The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-23

lr does seem ns though We might have
had at lcas, two or three squares Of good
streets, in view Of the expenditure Of
nearly 100000 between 1872 and 1884.
It doesn't seem TO be good policy to lay
paycmcnis for patching purposes, docs il?
The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-23

Anisr1cuayE "Tho Cincinnati South.
cm Railroad Is aio { TO break through
the Richmond Terminal network" II
may prove TO be another caso Of spider
md Nv.
The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-23
THE EASTERN FIELD TRIALS.

4
The First Series OF the Pointer Stake Is
Rup--Winners.
Special Dispatch to The Appeal
Hon PoINT, N. C., Nov. 22,-Fourth
day OF the Eastetn field trials. The first
series of all age boinierstake. The pointer
stake was drawn 10 run as follows;
Pontiac against Lass OF Bow.
Flash against Roger Williams.
Joyce against Vanderbilt
Consolation against King OF Kent.
Duke OF Vernon against Go Bang.
Dexter'against LalIa ROokh.
Dlke oil llessen against Lcboron.
flirtagainst Greenfield.
Ossian, bye.
The judges in this stake are Col. Arthur
MerTiman, OF Memphis, Tenn; Mr.. j. II.
ilindriX, OF Pitlsburg Pa, and Mr..
Duryea, OF New York.
Pontiac beat Lass Of Bow, Roger Will
Jams beat Flash, Jovce beat Vanderbilt,
Consolation beat King OF Kent, Go Bang
beat Duke OF Vernon, Dexter beat Lalla
Rolkh, Lee anol beat Duke Of Hessen,
Flrt beat Greenfield, O-sian beat Pontiac
first race in second series.
West Points Glorious Welcome.
Special Dispatch to The Appeal
WEST PoIET, Miss, Nov. %. The West
Point Gun Club is making extensive
preparations TO entertain the American
Field Trial Club that begins here Deem
Der 10, with the Derby, continuing through
the week. A good fox chase has been
arranged under the supervision Of Mai.
Val Young, OF renowned reputation, that
promises to be n leading feature, and
many other attraction new TO the SPORTS
man will be inangurUyi that will prove
to DO highly entertaining 10 all visitors.
Our city promises 90 sustain her reputa-
ton, and will give all visitors a grand well
come. Information tonight from High
Point, n. c., says everybody is coming to
the trials at West Point. The Memphis
aud Avont Kennel hI, entered ten dogs.
Two hundred dogs entered to dale.
The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-23

sull the uano OF Memphis be Mud2
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-01
The Deaf Mute Institute.

The pupils at the Deaf Mute Insti-
tute sat down to a good Thanksgiving
dinner at the Institute. Many of them
never saw any Thanksgiving day at
home, spent with turkey, cranberry
sauce, mashed potatoes, celery, pump
kin and mince pies. and English plum
pudding for desert, and it was a revela-
ton to them of 1.-THE day we celebrate"
One little boy, whose brother had
thoughtlessly taken him home in the
cars to stay over Sunday once before,
thought he would go home to spend
Thanksgiving, and went into the cars
without nickle to pay his fare. He
seemed to take the ride IN the cars as
matter of course, and the conductor
left him at Provo, where some friends
of his family recognized him and sent
him home for the holidays. There are
thirty-one pupils nov at the institute,
with few more deaf mutes of ad-
vanced age expecting to enter, while
the younger ones are requested to wait
until there are more room and more
funds on hand to carry the Institute
along until the next Legislature meets.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-01
Before Judge Piper.

Judge Piper transacted the following
business yesterday:
A. Petersen, for disturbing the peace
of the Salvation Army, was fined $3.50.
which was paid.
G. N. Gaffstt, who was arrested a few
days ago on the charge of trespsss at
the Grand Central, was released from
the charge and the case dismissed on
motion of the prosecution.
Josh Nichols was fined $40 and costs
for disturbing the Salvation Army meet
iug. No evidence was introduced by the
defense.
George Shields was tried yesterday
afternoon for battery, but the case was
dismissed after hearing the evidence,
which was quite contradictory. 1t was
claimed that the defendant drew knife
on Andrew Amundson, the prosecuting
witness, on the latter's premises, at
South Jordan, both parties residing in
that vicinity. Out of the same Gaze
grew a charge of disturbing the peace
against William Mainard, one of the
witnesses for the defence, who, it was
claimed by Andrew Amundson, used
cohtempuous language and refused to
leave the OBSERVATION-DISCLOSURES when
ordered to do so. This case was also
dismissed.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-01
THE ShAD In UTAH LAKE.
Encouraging Evidences OF Com
ing Success.

On June 10th, car Of the United
States Fish Commission arrived in Salt
Lake, and during its stay of about
twenty-four hours about 600, 900 shad
were Matched. A day or so later. these
were taken to Battle Creek station on
the D. & R. G. W., and near that point
deposited in Utah Lake. Yesterday,
Mr.. A. NJ. Musssr received letter from
Mr.. P Madsen, as follows: II send
You by to-dsy's mail shad caught in
the Utah Lake, about fifteen miles from
where you put them in last June. 1
think 1t has made very good growth,
and [ believe they will be a success.
We caught this one near the south end
of the lake. [ have heard of two others
being caught on the west side of the
lake, and another one where we caught
this one. Please let me know the day
they were put into the lake at Pleasant
Grove, D. q 4. G. Railroad station"
The fish referred to was trfle over six
inches in length, and exceedingly we'll
proportional. If the remainder of the
young shsd have made much pro-
gress as the one referred to, Utah Lake
is certainly well stocked with this most
desirable fish. The shad is Oh exhioi-
ton in Arbogast & Trumbo's show
window.
In addition to those deposited in U tab
Lake about six months ago, one mil
lion shad about six days old were put
into the Jordan River, near the Utah
d Nevada bridge, on June LIST, 1887.
None OF these, however, have been
heard from.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-01
AS TO THEIR DUTIES.
Sanford Decides Against
Commissioner Piper.
WITNESSES AND THEIR FEES.
The Power to Alter the Per Diem
Rate On Mileage Fees Is
Not Given.

Judge Sanford yesterday delivered
the following opinion in the case of
Lewis P. Kelsey vs.. George D. Pyper:
The -lator is the assignee of a claim
of 81 SO, the mileage and fee of John G.
Stevenson, alleged to have been a wit
ness for one day at the term of the
Third District Court held in February,
1888, and in attendance thereat when
criminals were tried for violation of the
Territorial enactments. The court
awarded an alternative writ of man
damus req 1iring the respondent to paw
the claims of the relator or show cause
why the same should not be cone To-
the writ the defendant has demurred on
the grounds that it does not contain
facts suite ent to constitute a cause of
action or Tor the relief demanded, ana
the casa comes before the court solely
on the alleg atoms of the writ. The de-
murrsr admits the truth of those allie
cations.
By Chapter 81, Section 1 of the Terri
torial Laws of 1888, it is provided that
witnesses atIe oding for the Territory in
criminal cases in the District Courts
shall BE- paid a th3 rate Of 81 per diem
for each days attendance. AMI II cents
mileage each way. This act was ap-
proved March 9Th, 1888, and after the
rendition of the services of the rela-
tors assignor, it expressly provided
that it should be in force from and after
the date OF its approval. Thus was the
latest expression of the legislative will.
(Chspter So, Laws of 1881
The question then is whether a wit
ness in such case shall be paid for his
attendance under this act or under a
prior act.
1t is a general rule that a statute
affecting rights and liabilities should
not be construed so as to act upon those
already existing, and courts do not con-
strue acts to have Retrospective oper-
alton, unless the intention be clearly
expressed. A statute to take effect
upon future day has no force until
such day has arrived. Later specific
provisions of a statute must prevail as
against earlier general provisions which
might Otherwise prevail. Until the
later act took effect, the former act or
acts governing the fees of witnesses
were IN f)rce, aud their pr DIVISIONS were
the only rules for the payment of wit
nesses.
By the act of 1888 supra. the commits.
sioners hereunder appointed have Ger
tain powers (section 13) but the power
to alter the per diem rate or the mileage
fees is not given them. That was fixed
by the Legislature. and they have no
power to change the amount OF fees for
services rendered prior TO March 8:a,
1888.
The motion to quash the alternative
writ OF mandamus must be denied.
Unless return or answer be made
hereon within ten days, a peremptory
writ requiring the commi, si0ner to
proceed and take action will issue out +,
of this court. e
Dated: November Both, 1888.