davidaulloa/AmericanStories huggingface dataset:
Arizona silver belt., 1889-09-14
Saturday, September IA. 1889.
THE LEGALITY OF CERTAIN LAWS 0UEss
 TlONED.

The opinion of the Attorney-Gene al of fthe United States declaring void the act providing for convention tc frame a State constitution. on the grounds that the time when the 18th Legislature could legally be in session had expired before the act was passed and approved, if sustained by the courts, opens the way for almost in- terminable confusion and compl,ca- tion in the laws of Arizona, since it affects legislation as far back as 1881,
 The gist of the Attorney-General s opinion IS that the date when the leg ,slatlve assembly of Arizona should convene IS the first Monday in Janu- ary. The 11th Legislature which met January Sd, 1881, passed an set chang ing the date for the assembling of subsequent legislatures to the second Monday in January. That act, how ever, was not approved until March 9th, two days alter the sixty days to winch legislative sessions are limited had expired. Therefore, the Attorney. General holds the law as nugatory, and the first Monday in January re- mained the legal date for the com meGcement of legislative sessions, from which date the sixty consecutive days must be counted
 The 14th Legislature agaln changed the date for assembling to the third Monday in January, which act is also void on precisely the same grounds, The session of the l4th Legislature le- gally expired March Eth, 1887, and the act Council Bill 72) changing the date for the assembling of the 18th Legis- lature and subsequent sessions to the third Monday in January was not ap- proved until March 10th. Conse- quently, it is void, and the first Mon day in January is still the date for the conveniLg of the legislature,
 According to thls view, therefore, the 10th Legislature should have con vened on Monday. the Eth of ofJanuary, 1889, and he session expired by limi- tatiOn March Eth, and all legislation approved aher that date is void. The effect of this opinion in annulling the convention att is trivial when its bear ing on other legislation and its far reaching consequences are considered
Arizona silver belt., 1889-09-14
GOVERNOR wolrIEY.s vIxDrcArres.
pnGN1x, Sept. 9, 1889.

PnGSIx, Sept. 9, 1889. To the Editor of the Phoenix Herald: l have heretofore refralned from taking notice of attacks on myself, either as an official or individually, but the recent misrepresentations of the Tombstone Epitaph and the Phn- nix Gazette are of such nature that they may mislead people. therefore ask all far minded people to read the cficlal correspondence as published in the Herald of Sept. 9th, and the Ga zette of Sept. Eth, before believing that l have deliberately gwen out lie. , In justice to General Churchill 1 will say that he did not know of the letters I had written until afterwards, nor did l ask his advice Tn relation to them.
 The evening before writing the li- belous editorials of the Eth and 9th inst, the editor of the Gazette, John Dunbar, admitted to me that hs had no idea that we could gain admission under thls Constitutional Convention. He also admitted to me that the lack of any control or limitation to the amount of expense that the conven- tion might incur was good objection to the convention and that the opin- ions of the Attorney-General and As sistant Attorney-General fully justi- fled me in not calling the convention.
 At that time l told said editor that before the trial of the Auditor case, l had fully advised Judge Kibbey of all the opinions that had that related to the subject, including those referred to, believing that 1t was only fair to the Judge that he should know them. In relation to my Louisiana life, l went there in commercial business in October 1865 and lived there until 1872, nearly seven years. During that time l was U, $. Deputy Collector of Internal Revenue from about April 1867 to September 1867, and was l.. s. Assessor of Internal Revenue of the New Orleans District from about Au- gust 1868 to April 1869, being about one year Tn all, and my record at the Treasury Department is frst-class as any one will find upon proper inquiry General Grant having afterwards of fered me the Supervisorship of Inter nal Revenue of all the Southern States.
 Except to vote 1 never took part in politics in Louisiana during the seven years lived there. In justice to the gentlemen whose names have been dragged in as well as to myself, l will say that no man has contributed dol lar towards my expenses in connection with the Goyernorshlp.
 To characterize the above editor l will only say that the man who prl- vately prolesses to be a strong Repub- lican, yet daily grinds out ideas di- rectly the reverse of his belief and dai- 1 ly attacks members sf the party to winch he claims allegiance, is fully equal to the libelous attacks referred to and the many others not before re- ferred to, It is part of his business.
 Thanking you in advance for the use of the Herald columns l remain,
 Very respectfully,
 LEWIS WoLFLEY.
Arizona silver belt., 1889-09-14

In Tucson they have been protes- ting against the threatened" repeal of the Desert Land Act, when Tn fact 1t has been repealed already by the Irrigation Act. Every State and Ter ritory in the arid region should unite in an effort to have that part of the law withdrawing lands from entry repealed at the next session of Con- press
Arizona silver belt., 1889-09-14

Frank P. Clark succeeds Joseph Magoffin as Collector of Customs at El Paso. The new incumbent has resided in El Paso for twelve years. The sal. ary of the office is $2,000, but addi- tional fees make the place worth from S6,00O to SS,000 year. The Collector at Fl Paso has the appointment of deputies, at all psrts.of entry in Ari- YOna
Arizona silver belt., 1889-09-14

The death of Congressman s. s. Cox, which occurred on the 10th inst, will be generally regretted. He first en- tered Congress at it's S5th session, rep resenting the Columbus, Ono, district, for four terms, but subsequently, re- moved to New York City, and, was elected to the 4lst Congress and has represented the same district contin- uously since. He was a man of na- tional reputation, and had many friends among his political opponents.
Arizona silver belt., 1889-09-14


 "This year the first Monday in Jan. uary was the 9th of January and the 18th Legislature should have ad- iourned March 9th as the end of the legal consecutive sixty days, yet thls act for the Constitutional Convention was not approved by the Governor until March 21, and as before stated since the adjournment of Congress, and must be acted on by me prior to the meeting of Congress.
 You do not state whether the act was passed by the legislature during the period of the sixty consecutive days or afterwards, Constitutional Convention act was passed March 2lst, and approved the same day), but l in- fsr from your letter of July 29tb, that it was passed after said period.
 l have carefully considered the re- ply of the Attorney General of July 16th, in which, after referring to your said letter of June 26th, and the letter of the Secretary of Arizona Territory of June 2d, says:
 "I am unable to find in either any question of law which is not covered by the opinions of the department, rendered to you under dates of March 16th, May 29th, and June 18th, 1889.
 The first of these opinions was to the effect that under the act of Congress which IS the organic law of the terri tory, the session of the legislature oi Arizona is limited to sixty consecutive days. The corollary of this conclu- sion seems clear that any attempted legislation after that time would be nugatory. The second opinion was to the effect that under the organic law of Arizona Territory the Governor has no power to call au extra session of the legislature; and the third opin. ion was to the effect that the legisla- ture of Arizona Territory properly in session has the power to pass law providing for the calling of consti- tutional convention"
 If am correct in the inference that the act above referred to was moi passed within the period of the sixty consecutive days, it is clear that in the opinion of the Attorney-General the act authorizing the Constitution Con vsntion IS not law, because having held that the session being limited to sixty days, and that any attempted Legislation after that time would be nugatory, it must therefore follow that the legislature was not properly in session" after that period, and that during that time it had no power te pass law providing for the calling ol Constitutional Convention. In view of this opinion of the Attorney -Gener. al, I do not see that any relief can be offered, except by Congress, which has the power to legislate directly for the territories, and to remedy the difficult ties complained of.
 Very respectfully,
 Gro. H. SHIELD,
 Asst. Attorney General,
Arizona silver belt., 1889-09-14

The taxables of the Territory, for 1889, with the exception of Apache county, IS S27.242,371.15. With Apa- che included it is still greatly less than half the amount claimed by the 18th Legislature (s7s, 100000 in it's memo rlal to the President of the United States
Arizona silver belt., 1889-09-14

The Prospeotor says that large part of the members elect to the con stitutional convention of New Mexico cannot read or write. A good many of that class in Arizona have been shouting for statehood recently.
Arizona silver belt., 1889-09-14
Desert Land, Final Proof Notice
 for Publication.
U. s. LAND OFFICE, TUcsoy, Ariz,

August 23rd, 1889. Notice is hereby given that Henry Armer of Armer, Arizona, has filed notice of inten- tion to make proof on his desert land claim No. 469, for the " of the N: ". l Section 19. Township 4, N. R. 13 E., before the Clerk of the District Court at Globe, Gila County, Arizona, on Monday, the 14th day of October, 1889.
 He names the following witnesses to prove the complete irrigation and reclamation of said land:
 Robert H. Schell, Byron Hungerford and Q. C. Tebbs of Armer, Arizona. George E. Shute of Globe, Arisona
 HERBERT BROWN, ang3l.6tl Register
Arizona silver belt., 1889-09-14


 The Territorial Auditor case ha: been submitted on briefs to Judge Kibby, whose decision is looked for within few days.
Arizona silver belt., 1889-09-14

Arrangements are belng made for a canal to carry water enough from Kings river to irrigate 10000 acres cf land belonging te the Bank of Cal sfernia and Dr. E. E. Perrin.
Arizona silver belt., 1889-09-14
FOR SALE.
Notice of Forfeiture.

no D. LARRE, OR TO WHOM IT l may concern, this is to notify you that I, co-owner in the Pyrenees Mining claim, situated in the Territory of Arizona, County of Gila, and more particularly described in Book i, of Gila County Mining Records, at Page 302, have done and performed the an nual work on said claim, as redhired by law, for the year 1888. This, therefore, is to notify you, that if you do not pay your full proportion of the cost of said work, together with the cost of this ad- vertisement. within ninety days after the ex- piration of this notice. your interest in said mining claim, as co-owner, will utterly cease, and, by operation of law, become the proper ty of the undersigned
 Globe A. T., June 8, lSS9
 ANDREW BARTLETH. jssseod
Arizona silver belt., 1889-09-14
THE SITUATION.

following correspondence in relation to the legality of the Constitutional Convention act:
 EXECUTIVE DEPARTMENT, ! OFFICE OF THE GOVERNOR,
 PnGNIx, Ariz., July 29, 1889 GEN. JOHN w. NOBLE, SECRETARY IN-
 TERROR, WASHINGTON, D. c. l DEAR GEN'L: Yours of the 18th inst, enclosing copy of the Honora- ble Attorney Generals of the 16tb in- stant, in reply to mine of June 26th inst, is at hand.
 I am exceedingly sorry that the Honorable Attorney General should seem to be annoyed at my repeated questions and thank you, General, for your unfailing kindness and pa tience with me, and as you authorize me to renew any inquiry to you, l will impose upon you by asking you one question. Will you please examine my lstter of June 26th and the Attor- ney Generals reply to the 10th instant, and taking the facts about the Legis- lature stated by me to be correct: Is the Constitutional Convention Act passed by the 18th Legislature law? l understand that the Attorney General means what he says. "The corollary of this conclusion seems clear that any attempted Legislation after this time would be nugatory," that 1t is not law; but the subject Is too se- rious one for me to jump at cenclu. sions or what is the same question. Does the legal time for the meeting of the Legislature remain and continue to be the first Monday in January, notwithstanding the "nugatory" acts of the 11th and 14th Legislatures?
 Very respectfully,
 LEWIS WoLFEy,
 Governor. DEPARTMENT OF THE INFERIOR
 OFFICE OF THE ASSISTANT ATToRNEY-GESERAL,
 WASHINGTON, August, 1889 HoN LEWIS WoLrLEY, GOVERNOR, ARI- IONA TERRITORY,
 Sir; Your letter of the 29th ult., to the Secretary of the Interior, rela- tive to the acts of the legislature of the Territory of Arizona, passed after the expiration ot sixty consecutive days of it's regular biennial session, has been referred to me for consideration aud reply. In said communication you say;
 "Will you please examine my letter of June 26th and the Attorney Gsner- al's reply of the 16th inst., and, taking the facts about the legislation, as sta ted by me, to be corrected, IS the Con- stitutlenal Convention act passed by 18th legislature LAw?'
 Referring to your communication of June 26tb, l find the following state ments
 Originally our legislature met the first Monday in January. In 1881 the 1lth Legislature met the third day of January. The consecutive sixty days expired March Sd, yet the legislature continued to the end of the sixty days Legislative days), and during this time, on March 5th-see session laws passed an act making the second Monday in January the time for the meeting of future legislatures.
 
 "This year the first Monday in Jan uary was the 9th of January and the 18th Legislature should have ad- .journed March 9th as the end of the legal consecutive sixty days, yet this act for the Constitutional Convention was not approved by the Governor until March 21, and as before stated, since the adjournment of Congress, and must be acted on by me prior to
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1889-04-18
The New Asylum Board.

Hon. John A. Rea, the versatile and
accomplished gentleman who edits the,
Dakota department of the Pioneer Press
came in from Bismarck Wednesday ex-
pecting to attend meeting of the new
asylum board of which he is member
Mr.. Fancher, Mr.. Russell OF Kidder
county, and Mr.. Kennedy Of Dickey,
we're in the city this morning. Mr.. Hub
bard, the other member Of the board
was expected to arrive on the noon train
but did not. It was the intention of the
board to meet and organize this after
noon, but the program has probably
been disarranged by the failure ofsMr.
Hubbard to arrive
Asked this morning what the board
would probably do in regard to the
present officers of the institution, Mr..
Rea replied that he was considerable H a
civil service reformer himself and. wo8ld
not favor any hasty changes unless ri,
,ineapacity. Il,
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1889-04-18
About Base Ball,

The Aberdeen News says it is not like
ly that Aberdeen will have ball team in
the field until late in the season, if at all.
So far there has not been much enthusi-
asm shown on the part of citizens. Red
field has organized a club and is making
an effort to secure the services
of one or more players from that
city. Bismarck is now organizing a
stock company to purchase grounds and
organize a first class club. The Grand
Forks boys are already organized and
practicing. Manager Walker, of the
Fargo nine, promises to get nine in the
field, and wants to see a North Dakota
league formed. - 49,,
What has jamestown done? We have
enough good ball players to make a first
class team, and should not lag SO far
behind our neighboring cities.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1889-04-18
HAPPENINGS In THE CITY.
Peoples Convention Called to N om-
mate Delegates to Constitu-
t1onal Convention.
State Rights IN Dakota Discussed
from Different Standpo1nts
Explanation Wanted.
Members OF the New Asylum
Board IN the City-About
Base Ball.
Call for a Convention.

The committee appointed at the court
house meeting several weeks ago to call
a peoples convention to select delegates
to the constitutional convention when the
boundaries of this district should be an
nounced, met Tuesday afternoon and
formulated call for such convention.
The call is published in another column.
The convention will consist OF 81 dele
gates, of which number the city will have
3S. The total vote of last fall is saken
as the basis of the apportionment, and
each precinct is allowed one delegate
and one additional delegate for each e5
vote, or major fraction thereof.
The convention is called to meet at
the court house in this city on Wednes-
day, May Sth, at pm. The primaries
at which delegates to the county conven-
ton will be selected, are to occur Satnrr
day, May Ath, at pm. I
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1889-04-18
"An Explanation" Explained.

EDITOR ALERT:--Allow me to say few
words in regard to Rev. e. L. Smiths ex-
planation in yesterdays Alert. AS I
wrote that postal, not for publication,
and in great haste (Which accounts for
it's incompleteness and abruptness) I will
here and now state more fully the reasons
for my refusal, not without expressing
my regret that such matters are so freely
dragged before the public. When gave
Mr.. Smith the use of our church last
summer, it was with the hope that God
would be glor1fed and his cause further
ed; but when [ now consider the drift Of
those meetings, with scarcely anybody to
attend, but a certain element of the
membership of the M. E. church, who are
supplied, and further considering the
muddie through which the above con-
gregation has lately passed and Of which
condition of things was not so well in
formed at that tune, and for the sake of
the local pastor, feel 1t my duty not to
have have hand in helping a cause
which would to all apprehension result
in renewed strife and antagonism within
the borders of an organized sister church.
Personally l have nothing say against
Mr.. Smith and his work.
r. w. TEICHMANN.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1889-04-18
The Water Question.

A large number of prominent and in
tluential citizens we're present at the city
council meeting Monday night, to urge the
Importance of taking immediate action
to extend the water mains. At the con-
clusion of the regular business OF the
council, Alderman Hewitt introduced the
subject, followed by Alderman Alley in
an exuberant and fiowery speech in favor
of extending the system IN order that cit
liens might be able to raise grass and
trees aud beautify the city.
Judge Rose very torcibly presented the
case of the residents IN the first ward.
He had been trying for years to raise
shrubs and trees, but had made up bis
mind not to SOW another grain Of grass
seed until he could have water. He had
good well on his place, but he noticed
that it remained at the same level as the
water in the river, and when the dam
went out and the river was low, there was
no water in his we'll. But far more i'm
portant than this question of shrubbery,
was that of public health 1t was we'll
known that the strata that underlles
our city is such that there is great dan
ger, even at present, in using the ordi-
nary we'll water. As we have no system
of sewerage, it is impossible that these
wells should not be tainted by noxious
matter which percolates through the po-
rous shale on which our city lies, and he
would urge and request of the council
that they lose no time in extending the
water mains as far and as fast as posi-
bic.
A number Of citizens strongly endorsed
Judge Rose views. Mr.. Klaus was in
favor of the proposition to extend the
water system, but he was sure 1T would
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1889-04-18

not pay to do temporary job. 1t had
been suggested that the pipes should be
laid under the sidewalks, or only few
inches under ground for the present. In
order to save expense. He would be al
together opposed to that plan. They
would find it impossible to completely
empty pipe laid in that way when winter
came on, on account of Inequalities in
the surface of the ground, and the result
would be that they would find at the end
of the first winter that most Of these
pipes had been rendered useless by freez-
ing and bursting. He was always IN ia
vor OF doing thing in permanent
manner There was no necessity for
laying these pipes as deep as eight feet,
five feet would be plenty to prevent
freezing,as the water would be in motion
all the time. If that was done, they
would have the water for culinary pur-
poses all the year round, and what was
of still more importance, they could have
fire protection all the year round, which
would largely reduce their insurance.
He was in favor, by all MEANS of extend
ing the water system as rapidly as possi-
bic, but what was done should not be
GluhoIeu Will, Dut SuOuli' Uo uOle per-
manently.
Mr.. Watson suggested that the city
should issue $1,000 in bonds, and appro-
pirate $4,000 from the general fund which
according to the estimates they had last
year, would be sufficient to buy about
10000 feet of main. AS Mr.. Klaus had
we'll said, iron piping was never cheaper
than it was wand there could not be a
more favorable time for the city to under
take this necessary work.
Mr.. E. p. Wells did not think it would
be quite fair, as suggested by some
speakers, to assess the whole cost of the
improvement upon the abutting property,
which he did not believe the city conncil
had authority to do. Ho was, however,
strongly in favor OF the land
he heartily agreed with the majority OF
the speakers that what was done should
be done we'll. 1t was far cheaper to do a
job thoroughly and have it done with,
than to spend money on q temporary ar
rangement, which would have to be relaid
next year. :.-E..
After number of other citizens had
spoken, the matter was referred to the
water committee with instructions to re-
port plan Of extension at the next
meeting on Wednesday night.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1889-04-18
Another Band.

A few weeks since the carton Military
band OF jamestown, North Dakota" was
organized. Its members are among the
most desirable young men in the city,
and their character is sufficient recon.
mendation of the stability of the organl-
zation and the quality of the music
they will furnish. The list of members
is as follows:
\ @. st. C. <Jhenery,W B. sErimble;;a aDhas
NJ Ae.loii, ". Y. wells, Clayton =. Smith
Fl. G. Flint, Geo. Holgate, ". B. Mclean
Anton OFT, A. j. r. Voigt, F. d. Alexan'
der, Ed. s. Rose, Ralph Davidson, Chas
Karcher, J. w. Dawson, Chas. r. Weber,
H. A. Niemeyer, John Pendray.
The band is officered as follows:
President-C Mitchell.
Vice President-C. G. Smith.
Secretary-Ed. s. Rose.
Treasurer-F. D. Alexander.
Musical Dlrector-A. j. F. Voigt.
A set of Conn's famous band instru
ments has been ordered and are expect
ed to be here the last of the week. They
are the finest he makes and will cost
500. The band has already received
considerable encouragement from the
citizens, who have subscribed very liber
ally. Prof. Voigt states that they are
now corresponding with two clarionet
players.
The band is we'll officered, has GOOD
men for it's members and promises that
in a very short time it will not be neces
sary to send away from home for gooc
m11cic